[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 330 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 330

 To authorize secure borders and comprehensive immigration reform, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 18, 2007

  Mr. Isakson introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize secure borders and comprehensive immigration reform, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Immigration Reform Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border Patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle 
                            barriers.
       Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
                            American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.
             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
                            ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
                            entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern 
                            land border of the United States.
Sec. 134. Report on incentives to encourage certain Members and former 
                            Members of the Armed Forces to serve in the 
                            Bureau of Customs and Border Protection.
Sec. 135. Western Hemisphere Travel Initiative.
Sec. 136. Recruitment and retention program.
             Subtitle D--Border Law Enforcement Relief Act

Sec. 141. Short title.
Sec. 142. Findings.
Sec. 143. Border relief grant program.
Sec. 144. Enforcement of Federal immigration law.
                  Subtitle E--Rapid Response Measures

Sec. 151. Deployment of Border Patrol agents.
Sec. 152. Border Patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
                            removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration 
                            fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of, 
                            firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
                            naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
                            by State and local law enforcement 
                            officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political 
                            subdivisions and transfer to Federal 
                            custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of 
                            facilities identified for closures as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 234. Determination of Immigration status of individuals charged 
                            with Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
                 TITLE III--ILLEGAL ALIEN REGISTRATION

Sec. 301. Registration for illegal workers.
Sec. 302. Guest worker program.
Sec. 303. Effective date.
                          TITLE IV--PENALTIES

Sec. 401. Increased criminal penalties for document fraud.
Sec. 402. Increased criminal penalties for certain crimes.
Sec. 403. Additional penalties.
                TITLE V--REMOVAL AND VIOLATION TRACKING

Sec. 501. Institutional removal program.
Sec. 502. Authorization for detention after completion of state or 
                            local prison sentence.
Sec. 503. Use of the National Crime Information Center Database to 
                            track violations of immigration law.
                TITLE VI--BORDER SECURITY CERTIFICATION

Sec. 601. Border security certification.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--Except as otherwise provided, the term 
        ``Department'' means the Department of Homeland Security.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) Port of entry inspectors.--In each of the fiscal years 
        2008 through 2012, the Secretary shall, subject to the 
        availability of appropriations, increase by not less than 500 
        the number of positions for full-time active duty port of entry 
        inspectors and provide appropriate training, equipment, and 
        support to such additional inspectors.
            (2) Investigative personnel.--
                    (A) Immigration and customs enforcement 
                investigators.--Section 5203 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (Public Law 108-
                458; 118 Stat. 3734) is amended by striking ``800'' and 
                inserting ``1000''.
                    (B) Additional personnel.--In addition to the 
                positions authorized under section 5203 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004, as amended by subparagraph (A), during each of 
                the fiscal years 2008 through 2012, the Secretary 
                shall, subject to the availability of appropriations, 
                increase by not less than 200 the number of positions 
                for personnel within the Department assigned to 
                investigate alien smuggling.
            (3) Deputy united states marshals.--In each of the fiscal 
        years 2008 through 2012, the Attorney General shall, subject to 
        the availability of appropriations, increase by not less than 
        50 the number of positions for full-time active duty Deputy 
        United States Marshals that investigate criminal matters 
        related to immigration.
            (4) Recruitment of former military personnel.--
                    (A) In general.--The Commissioner of United States 
                Customs and Border Protection, in conjunction with the 
                Secretary of Defense or a designee of the Secretary of 
                Defense, shall establish a program to actively recruit 
                members of the Army, Navy, Air Force, Marine Corps, and 
                Coast Guard who have elected to separate from active 
                duty.
                    (B) Report.--Not later than 180 days after the date 
                of the enactment of this Act, the Commissioner shall 
                submit a report on the implementation of the 
                recruitment program established pursuant to 
                subparagraph (A) to the Committee on the Judiciary of 
                the Senate and the Committee on the Judiciary of the 
                House of Representatives.
    (b) Authorization of Appropriations.--
            (1) Port of entry inspectors.--There are authorized to be 
        appropriated to the Secretary such sums as may be necessary for 
        each of the fiscal years 2008 through 2012 to carry out 
        paragraph (1) of subsection (a).
            (2) Deputy united states marshals.--There are authorized to 
        be appropriated to the Attorney General such sums as may be 
        necessary for each of the fiscal years 2008 through 2012 to 
        carry out subsection (a)(3).
            (3) Border patrol agents.--Section 5202 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is 
        amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    ``(a) Annual Increases.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase the number of positions for full-time active-duty border 
patrol agents within the Department of Homeland Security (above the 
number of such positions for which funds were appropriated for the 
preceding fiscal year), by--
            ``(1) 2,800 in fiscal year 2008;
            ``(2) 2,800 in fiscal year 2009;
            ``(3) 2,800 in fiscal year 2010;
            ``(4) 2,800 in fiscal year 2011; and
            ``(5) 2,800 in fiscal year 2012;
    ``(b) Northern Border.--In each of the fiscal years 2008 through 
2012, in addition to the border patrol agents assigned along the 
northern border of the United States during the previous fiscal year, 
the Secretary shall assign a number of border patrol agents equal to 
not less than 20 percent of the net increase in border patrol agents 
during each such fiscal year.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2008 through 2012 to carry out this section.''.

SEC. 102. TECHNOLOGICAL ASSETS.

    (a) Acquisition.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall procure additional unmanned 
        aerial vehicles and related equipment as described in paragraph 
        (2), cameras, poles, sensors, and other technologies necessary 
        to achieve operational control of the international borders of 
        the United States and to establish a security perimeter known 
        as a ``virtual fence'' along such international borders to 
        provide a barrier to illegal immigration.
            (2) Unmanned aerial vehicles.--The unmanned aerial vehicles 
        and related equipment described in this paragraph are MQ-9 
        unmanned aerial vehicles and related equipment including--
                    (A) additional sensors;
                    (B) critical spares;
                    (C) satellite command and control; and
                    (D) other necessary equipment for operational 
                support.
    (b) Increased Availability of Equipment.--The Secretary and the 
Secretary of Defense shall develop and implement a plan to use 
authorities provided to the Secretary of Defense under chapter 18 of 
title 10, United States Code, to increase the availability and use of 
Department of Defense equipment, including unmanned aerial vehicles, 
tethered aerostat radars, and other surveillance equipment, to assist 
the Secretary in carrying out surveillance activities conducted at or 
near the international land borders of the United States to prevent 
illegal immigration.
    (c) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary and the Secretary of Defense shall submit to 
Congress a report that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist the Secretary in carrying out 
        surveillance of the international land borders of the United 
        States and assessment of the risks to citizens of the United 
        States and foreign policy interests associated with the use of 
        such equipment;
            (2) the plan developed under subsection (b) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning on the date of the 
        submission of the report.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary such sums as may be necessary for each of the 
        fiscal years 2008 through 2012 to carry out subsection (a), 
        including to carry out paragraph (2) of such subsection--
                    (A) $178,400,000 for fiscal year 2008; and
                    (B) $276,000,000 for fiscal year 2009.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations set out in subparagraphs 
        (A) and (B) of paragraph (1) are authorized to remain available 
        until expended.
    (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-year 
period beginning on the date on which the report is submitted under 
subsection (c), the Secretary shall conduct a pilot program to test 
unmanned aerial vehicles for border surveillance along the 
international border between Canada and the United States.
    (f) Construction.--Nothing in this section may be construed as 
altering or amending the prohibition on the use of any part of the Army 
or the Air Force as a posse comitatus under section 1385 of title 18, 
United States Code.

SEC. 103. INFRASTRUCTURE.

    (a) Construction of Border Control Facilities.--Subject to the 
availability of appropriations, the Secretary shall construct all-
weather roads and acquire additional vehicle barriers and facilities 
necessary to achieve operational control of the international borders 
of the United States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out subsection (a).

SEC. 104. BORDER PATROL CHECKPOINTS.

    The Secretary may maintain temporary or permanent checkpoints on 
roadways in border patrol sectors that are located in proximity to the 
international border between the United States and Mexico.

SEC. 105. PORTS OF ENTRY.

    The Secretary is authorized to--
            (1) construct additional ports of entry along the 
        international land borders of the United States, at locations 
        to be determined by the Secretary; and
            (2) make necessary improvements to the ports of entry in 
        existence on the date of the enactment of this Act.

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE 
              BARRIERS.

    (a) Tucson Sector.--The Secretary shall--
            (1) replace all aged, deteriorating, or damaged primary 
        fencing in the Tucson Sector located proximate to population 
        centers in Douglas, Nogales, Naco, and Lukeville, Arizona with 
        double- or triple-layered fencing running parallel to the 
        international border between the United States and Mexico;
            (2) extend the double- or triple-layered fencing for a 
        distance of not less than 2 miles beyond urban areas, except 
        that the double- or triple-layered fence shall extend west of 
        Naco, Arizona, for a distance of 10 miles; and
            (3) construct not less than 150 miles of vehicle barriers 
        and all-weather roads in the Tucson Sector running parallel to 
        the international border between the United States and Mexico 
        in areas that are known transit points for illegal cross-border 
        traffic.
    (b) Yuma Sector.--The Secretary shall--
            (1) replace all aged, deteriorating, or damaged primary 
        fencing in the Yuma Sector located proximate to population 
        centers in Yuma, Somerton, and San Luis, Arizona with double- 
        or triple-layered fencing running parallel to the international 
        border between the United States and Mexico;
            (2) extend the double- or triple-layered fencing for a 
        distance of not less than 2 miles beyond urban areas in the 
        Yuma Sector; and
            (3) construct not less than 50 miles of vehicle barriers 
        and all-weather roads in the Yuma Sector running parallel to 
        the international border between the United States and Mexico 
        in areas that are known transit points for illegal cross-border 
        traffic.
    (c) Other High Trafficked Areas.--The Secretary shall construct not 
less than 370 miles of triple-layered fencing which may include 
portions already constructed in San Diego Tucson and Yuma Sectors, and 
500 miles of vehicle barriers in other areas along the southwest border 
that the Secretary determines are areas that are most often used by 
smugglers and illegal aliens attempting to gain illegal entry into the 
United States.
    (d) Construction Deadline.--The Secretary shall immediately 
commence construction of the fencing, barriers, and roads described in 
subsections (a), (b), and (c) and shall complete such construction not 
later than 2 years after the date of the enactment of this Act.
    (e) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives that describes the progress that has been made 
in constructing the fencing, barriers, and roads described in 
subsections (a), (b), and (c).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

       Subtitle B--Border Security Plans, Strategies, and Reports

SEC. 111. SURVEILLANCE PLAN.

    (a) Requirement for Plan.--The Secretary shall develop a 
comprehensive plan for the systematic surveillance of the international 
land and maritime borders of the United States.
    (b) Content.--The plan required by subsection (a) shall include the 
following:
            (1) An assessment of existing technologies employed on the 
        international land and maritime borders of the United States.
            (2) A description of the compatibility of new surveillance 
        technologies with surveillance technologies in use by the 
        Secretary on the date of the enactment of this Act.
            (3) A description of how the Commissioner of the United 
        States Customs and Border Protection of the Department is 
        working, or is expected to work, with the Under Secretary for 
        Science and Technology of the Department to identify and test 
        surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) Identification of any obstacles that may impede such 
        deployment.
            (6) A detailed estimate of all costs associated with such 
        deployment and with continued maintenance of such technologies.
            (7) A description of how the Secretary is working with the 
        Administrator of the Federal Aviation Administration on safety 
        and airspace control issues associated with the use of unmanned 
        aerial vehicles.
    (c) Submission to Congress.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit to Congress 
the plan required by this section.

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Requirement for Strategy.--The Secretary, in consultation with 
the heads of other appropriate Federal agencies, shall develop a 
National Strategy for Border Security that describes actions to be 
carried out to achieve operational control over all ports of entry into 
the United States and the international land and maritime borders of 
the United States.
    (b) Content.--The National Strategy for Border Security shall 
include the following:
            (1) The implementation schedule for the comprehensive plan 
        for systematic surveillance described in section 111.
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international land and maritime borders 
        of the United States.
            (3) A risk assessment for all United States ports of entry 
        and all portions of the international land and maritime borders 
        of the United States that includes a description of activities 
        being undertaken--
                    (A) to prevent the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) to protect critical infrastructure at or near 
                such ports of entry or borders.
            (4) An assessment of the legal requirements that prevent 
        achieving and maintaining operational control over the entire 
        international land and maritime borders of the United States.
            (5) An assessment of the most appropriate, practical, and 
        cost-effective means of defending the international land and 
        maritime borders of the United States against threats to 
        security and illegal transit, including intelligence 
        capacities, technology, equipment, personnel, and training 
        needed to address security vulnerabilities.
            (6) An assessment of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the borders and the impact of new 
        security programs, policies, and technologies.
            (7) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations regarding actions the Secretary can carry out 
        to improve coordination with such authorities to enable border 
        security and enforcement activities to be carried out in a more 
        efficient and effective manner.
            (8) An assessment of existing efforts and technologies used 
        for border security and the effect of the use of such efforts 
        and technologies on civil rights, personal property rights, 
        privacy rights, and civil liberties, including an assessment of 
        efforts to take into account asylum seekers, trafficking 
        victims, unaccompanied minor aliens, and other vulnerable 
        populations.
            (9) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (10) A description of ways to ensure that the free flow of 
        travel and commerce is not diminished by efforts, activities, 
        and programs aimed at securing the international land and 
        maritime borders of the United States.
            (11) An assessment of additional detention facilities and 
        beds that are needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States.
            (12) A description of the performance metrics to be used to 
        ensure accountability by the bureaus of the Department in 
        implementing such Strategy.
            (13) A schedule for the implementation of the security 
        measures described in such Strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement needs, an estimate of the resources 
        needed to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the National Strategy for Border 
Security, the Secretary shall consult with representatives of--
            (1) State, local, and tribal authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border security.
    (d) Coordination.--The National Strategy for Border Security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to Congress 
        the National Strategy for Border Security.
            (2) Updates.--The Secretary shall submit to Congress any 
        update of such Strategy that the Secretary determines is 
        necessary, not later than 30 days after such update is 
        developed.
    (f) Immediate Action.--Nothing in this section or section 111 may 
be construed to relieve the Secretary of the responsibility to take all 
actions necessary and appropriate to achieve and maintain operational 
control over the entire international land and maritime borders of the 
United States.

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH 
              AMERICAN SECURITY.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
State, in coordination with the Secretary and the heads of other 
appropriate Federal agencies, shall submit to Congress a report on 
improving the exchange of information related to the security of North 
America.
    (b) Contents.--Each report submitted under subsection (a) shall 
contain a description of the following:
            (1) Security clearances and document integrity.--The 
        progress made toward the development of common enrollment, 
        security, technical, and biometric standards for the issuance, 
        authentication, validation, and repudiation of secure 
        documents, including--
                    (A) technical and biometric standards based on best 
                practices and consistent with international standards 
                for the issuance, authentication, validation, and 
                repudiation of travel documents, including--
                            (i) passports;
                            (ii) visas; and
                            (iii) permanent resident cards;
                    (B) working with Canada and Mexico to encourage 
                foreign governments to enact laws to combat alien 
                smuggling and trafficking, and laws to forbid the use 
                and manufacture of fraudulent travel documents and to 
                promote information sharing;
                    (C) applying the necessary pressures and support to 
                ensure that other countries meet proper travel document 
                standards and are committed to travel document 
                verification before the citizens of such countries 
                travel internationally, including travel by such 
                citizens to the United States; and
                    (D) providing technical assistance for the 
                development and maintenance of a national database 
                built upon identified best practices for biometrics 
                associated with visa and travel documents.
            (2) Immigration and visa management.--The progress of 
        efforts to share information regarding high-risk individuals 
        who may attempt to enter Canada, Mexico, or the United States, 
        including the progress made--
                    (A) in implementing the Statement of Mutual 
                Understanding on Information Sharing, signed by Canada 
                and the United States in February 2003; and
                    (B) in identifying trends related to immigration 
                fraud, including asylum and document fraud, and to 
                analyze such trends.
            (3) Visa policy coordination and immigration security.--The 
        progress made by Canada, Mexico, and the United States to 
        enhance the security of North America by cooperating on visa 
        policy and identifying best practices regarding immigration 
        security, including the progress made--
                    (A) in enhancing consultation among officials who 
                issue visas at the consulates or embassies of Canada, 
                Mexico, or the United States throughout the world to 
                share information, trends, and best practices on visa 
                flows;
                    (B) in comparing the procedures and policies of 
                Canada and the United States related to visitor visa 
                processing, including--
                            (i) application process;
                            (ii) interview policy;
                            (iii) general screening procedures;
                            (iv) visa validity;
                            (v) quality control measures; and
                            (vi) access to appeal or review;
                    (C) in exploring methods for Canada, Mexico, and 
                the United States to waive visa requirements for 
                nationals and citizens of the same foreign countries;
                    (D) in providing technical assistance for the 
                development and maintenance of a national database 
                built upon identified best practices for biometrics 
                associated with immigration violators;
                    (E) in developing and implementing an immigration 
                security strategy for North America that works toward 
                the development of a common security perimeter by 
                enhancing technical assistance for programs and systems 
                to support advance automated reporting and risk 
                targeting of international passengers;
                    (F) in sharing information on lost and stolen 
                passports on a real-time basis among immigration or law 
                enforcement officials of Canada, Mexico, and the United 
                States; and
                    (G) in collecting 10 fingerprints from each 
                individual who applies for a visa.
            (4) North american visitor overstay program.--The progress 
        made by Canada and the United States in implementing parallel 
        entry-exit tracking systems that, while respecting the privacy 
        laws of both countries, share information regarding third 
        country nationals who have overstayed their period of 
        authorized admission in either Canada or the United States.
            (5) Terrorist watch lists.--The progress made in enhancing 
        the capacity of the United States to combat terrorism through 
        the coordination of counterterrorism efforts, including the 
        progress made--
                    (A) in developing and implementing bilateral 
                agreements between Canada and the United States and 
                between Mexico and the United States to govern the 
                sharing of terrorist watch list data and to 
                comprehensively enumerate the uses of such data by the 
                governments of each country;
                    (B) in establishing appropriate linkages among 
                Canada, Mexico, and the United States Terrorist 
                Screening Center; and
                    (C) in exploring with foreign governments the 
                establishment of a multilateral watch list mechanism 
                that would facilitate direct coordination between the 
                country that identifies an individual as an individual 
                included on a watch list, and the country that owns 
                such list, including procedures that satisfy the 
                security concerns and are consistent with the privacy 
                and other laws of each participating country.
            (6) Money laundering, currency smuggling, and alien 
        smuggling.--The progress made in improving information sharing 
        and law enforcement cooperation in combating organized crime, 
        including the progress made--
                    (A) in combating currency smuggling, money 
                laundering, alien smuggling, and trafficking in 
                alcohol, firearms, and explosives;
                    (B) in implementing the agreement between Canada 
                and the United States known as the Firearms Trafficking 
                Action Plan;
                    (C) in determining the feasibility of formulating a 
                firearms trafficking action plan between Mexico and the 
                United States;
                    (D) in developing a joint threat assessment on 
                organized crime between Canada and the United States;
                    (E) in determining the feasibility of formulating a 
                joint threat assessment on organized crime between 
                Mexico and the United States;
                    (F) in developing mechanisms to exchange 
                information on findings, seizures, and capture of 
                individuals transporting undeclared currency; and
                    (G) in developing and implementing a plan to combat 
                the transnational threat of illegal drug trafficking.
            (7) Law enforcement cooperation.--The progress made in 
        enhancing law enforcement cooperation among Canada, Mexico, and 
        the United States through enhanced technical assistance for the 
        development and maintenance of a national database built upon 
        identified best practices for biometrics associated with known 
        and suspected criminals or terrorists, including exploring the 
        formation of law enforcement teams that include personnel from 
        the United States and Mexico, and appropriate procedures for 
        such teams.

SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

    (a) Technical Assistance.--The Secretary of State, in coordination 
with the Secretary, shall work to cooperate with the head of Foreign 
Affairs Canada and the appropriate officials of the Government of 
Mexico to establish a program--
            (1) to assess the specific needs of Guatemala and Belize in 
        maintaining the security of the international borders of such 
        countries;
            (2) to use the assessment made under paragraph (1) to 
        determine the financial and technical support needed by 
        Guatemala and Belize from Canada, Mexico, and the United States 
        to meet such needs;
            (3) to provide technical assistance to Guatemala and Belize 
        to promote issuance of secure passports and travel documents by 
        such countries; and
            (4) to encourage Guatemala and Belize--
                    (A) to control alien smuggling and trafficking;
                    (B) to prevent the use and manufacture of 
                fraudulent travel documents; and
                    (C) to share relevant information with Mexico, 
                Canada, and the United States.
    (b) Border Security for Belize, Guatemala, and Mexico.--The 
Secretary, in consultation with the Secretary of State, shall work to 
cooperate--
            (1) with the appropriate officials of the Government of 
        Guatemala and the Government of Belize to provide law 
        enforcement assistance to Guatemala and Belize that 
        specifically addresses immigration issues to increase the 
        ability of the Government of Guatemala to dismantle human 
        smuggling organizations and gain additional control over the 
        international border between Guatemala and Belize; and
            (2) with the appropriate officials of the Government of 
        Belize, the Government of Guatemala, the Government of Mexico, 
        and the governments of neighboring contiguous countries to 
        establish a program to provide needed equipment, technical 
        assistance, and vehicles to manage, regulate, and patrol the 
        international borders between Mexico and Guatemala and between 
        Mexico and Belize.
    (c) Tracking Central American Gangs.--The Secretary of State, in 
coordination with the Secretary and the Director of the Federal Bureau 
of Investigation, shall work to cooperate with the appropriate 
officials of the Government of Mexico, the Government of Guatemala, the 
Government of Belize, and the governments of other Central American 
countries--
            (1) to assess the direct and indirect impact on the United 
        States and Central America of deporting violent criminal 
        aliens;
            (2) to establish a program and database to track 
        individuals involved in Central American gang activities;
            (3) to develop a mechanism that is acceptable to the 
        governments of Belize, Guatemala, Mexico, the United States, 
        and other appropriate countries to notify such a government if 
        an individual suspected of gang activity will be deported to 
        that country prior to the deportation and to provide support 
        for the reintegration of such deportees into that country; and
            (4) to develop an agreement to share all relevant 
        information related to individuals connected with Central 
        American gangs.
    (d) Limitations on Assistance.--Any funds made available to carry 
out this section shall be subject to the limitations contained in 
section 551 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat. 
2218).

SEC. 115. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination between the Bureau of 
Immigration and Customs Enforcement and the Bureau of Customs and 
Border Protection of the Department and any other Federal, State, 
local, or tribal authorities, as determined appropriate by the 
Secretary, to improve coordination efforts to combat human smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary considers appropriate 
        to combating human smuggling.
    (c) Report.--Not later than 1 year after implementing the plan 
described in subsection (a), the Secretary shall submit to Congress a 
report on such plan, including any recommendations for legislative 
action to improve efforts to combating human smuggling.
    (d) Savings Provision.--Nothing in this section may be construed to 
provide additional authority to any State or local entity to enforce 
Federal immigration laws.

SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

    (a) Collection of Statistics.--The Commissioner of the Bureau of 
Customs and Border Protection shall collect statistics relating to 
deaths occurring at the border between the United States and Mexico, 
including--
            (1) the causes of the deaths; and
            (2) the total number of deaths.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Commissioner of the Bureau of 
Customs and Border Protection shall submit to the Secretary a report 
that--
            (1) analyzes trends with respect to the statistics 
        collected under subsection (a) during the preceding year; and
            (2) recommends actions to reduce the deaths described in 
        subsection (a).

SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.

    (a) Cooperation Regarding Border Security.--The Secretary of State, 
in cooperation with the Secretary and representatives of Federal, 
State, and local law enforcement agencies that are involved in border 
security and immigration enforcement efforts, shall work with the 
appropriate officials from the Government of Mexico to improve 
coordination between the United States and Mexico regarding--
            (1) improved border security along the international border 
        between the United States and Mexico;
            (2) the reduction of human trafficking and smuggling 
        between the United States and Mexico;
            (3) the reduction of drug trafficking and smuggling between 
        the United States and Mexico;
            (4) the reduction of gang membership in the United States 
        and Mexico;
            (5) the reduction of violence against women in the United 
        States and Mexico; and
            (6) the reduction of other violence and criminal activity.
    (b) Cooperation Regarding Education on Immigration Laws.--The 
Secretary of State, in cooperation with other appropriate Federal 
officials, shall work with the appropriate officials from the 
Government of Mexico to carry out activities to educate citizens and 
nationals of Mexico regarding eligibility for status as a nonimmigrant 
under Federal law to ensure that the citizens and nationals are not 
exploited while working in the United States.
    (c) Cooperation Regarding Circular Migration.--The Secretary of 
State, in cooperation with the Secretary of Labor and other appropriate 
Federal officials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between the United States 
and Mexico to encourage circular migration, including assisting in the 
development of economic opportunities and providing job training for 
citizens and nationals in Mexico.
    (d) Consultation Requirement.--Federal, State, and local 
representatives in the United States shall consult with their 
counterparts in Mexico concerning the construction of additional 
fencing and related border security structures along the international 
border between the United States and Mexico, as authorized by this 
title, before the commencement of any such construction in order to--
            (1) solicit the views of affected communities;
            (2) lessen tensions; and
            (3) foster greater understanding and stronger cooperation 
        on this and other important security issues of mutual concern.
    (e) Annual Report.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to Congress a report on the actions taken by the United 
States and Mexico under this section.

             Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2008, the Secretary shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the Automated Biometric Fingerprint 
        Identification System (IDENT) of the Department and the 
        Integrated Automated Fingerprint Identification System (IAFIS) 
        of the Federal Bureau of Investigation to ensure more 
        expeditious data searches; and
            (2) in consultation with the Secretary of State, collect 
        all fingerprints from each alien required to provide 
        fingerprints during the alien's initial enrollment in the 
        integrated entry and exit data system described in section 110 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1365a).

SEC. 122. SECURE COMMUNICATION.

    The Secretary shall, as expeditiously as practicable, develop and 
implement a plan to improve the use of satellite communications and 
other technologies to ensure clear and secure 2-way communication 
capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations;
            (3) between Border Patrol agents and residents in remote 
        areas along the international land borders of the United 
        States; and
            (4) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

    (a) In General.--The Comptroller General of the United States shall 
conduct a review of the basic training provided to Border Patrol agents 
by the Secretary to ensure that such training is provided as 
efficiently and cost-effectively as possible.
    (b) Components of Review.--The review under subsection (a) shall 
include the following components:
            (1) An evaluation of the length and content of the basic 
        training curriculum provided to new Border Patrol agents by the 
        Federal Law Enforcement Training Center, including a 
        description of how such curriculum has changed since September 
        11, 2001, and an evaluation of language and cultural diversity 
        training programs provided within such curriculum.
            (2) A review and a detailed breakdown of the costs incurred 
        by the Bureau of Customs and Border Protection and the Federal 
        Law Enforcement Training Center to train 1 new Border Patrol 
        agent.
            (3) A comparison, based on the review and breakdown under 
        paragraph (2), of the costs, effectiveness, scope, and quality, 
        including geographic characteristics, with other similar 
        training programs provided by State and local agencies, 
        nonprofit organizations, universities, and the private sector.
            (4) An evaluation of whether utilizing comparable non-
        Federal training programs, proficiency testing, and long-
        distance learning programs may affect--
                    (A) the cost-effectiveness of increasing the number 
                of Border Patrol agents trained per year;
                    (B) the per agent costs of basic training; and
                    (C) the scope and quality of basic training needed 
                to fulfill the mission and duties of a Border Patrol 
                agent.

SEC. 124. US-VISIT SYSTEM.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary, in consultation with the heads of other appropriate 
Federal agencies, shall submit to Congress a schedule for--
            (1) equipping all land border ports of entry of the United 
        States with the U.S.-Visitor and Immigrant Status Indicator 
        Technology (US-VISIT) system implemented under section 110 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1365a);
            (2) developing and deploying at such ports of entry the 
        exit component of the US-VISIT system; and
            (3) making interoperable all immigration screening systems 
        operated by the Secretary.

SEC. 125. DOCUMENT FRAUD DETECTION.

    (a) Training.--Subject to the availability of appropriations, the 
Secretary shall provide all Customs and Border Protection officers with 
training in identifying and detecting fraudulent travel documents. Such 
training shall be developed in consultation with the head of the 
Forensic Document Laboratory of the Bureau of Immigration and Customs 
Enforcement.
    (b) Forensic Document Laboratory.--The Secretary shall provide all 
Customs and Border Protection officers with access to the Forensic 
Document Laboratory.
    (c) Assessment.--
            (1) Requirement for assessment.--The Inspector General of 
        the Department shall conduct an independent assessment of the 
        accuracy and reliability of the Forensic Document Laboratory.
            (2) Report to congress.--Not later than 6 months after the 
        date of the enactment of this Act, the Inspector General shall 
        submit to Congress the findings of the assessment required by 
        paragraph (1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
fiscal years 2008 through 2012 to carry out this section.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

    (a) In General.--Section 303 of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in the heading, by striking ``entry and exit 
        documents'' and inserting ``travel and entry documents and 
        evidence of status'';
            (3) in subsection (b)(1)--
                    (A) by striking ``Not later than October 26, 2004, 
                the'' and inserting ``The''; and
                    (B) by striking ``visas and'' both places it 
                appears and inserting ``visas, evidence of status, 
                and'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following:
    ``(d) Other Documents.--Not later than October 26, 2008, every 
document, other than an interim document, issued by the Secretary of 
Homeland Security, which may be used as evidence of an alien's status 
as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be 
machine-readable and tamper-resistant, and shall incorporate a 
biometric identifier to allow the Secretary of Homeland Security to 
verify electronically the identity and status of the alien.''.

SEC. 127. CANCELLATION OF VISAS.

    Section 222(g) (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Collection of Biometric Data From Aliens Departing the United 
States.--Section 215 (8 U.S.C. 1185) is amended--
            (1) by redesignating subsection (c) as subsection (g);
            (2) by moving subsection (g), as redesignated by paragraph 
        (1), to the end; and
            (3) by inserting after subsection (b) the following:
    ``(c) The Secretary of Homeland Security is authorized to require 
aliens departing the United States to provide biometric data and other 
information relating to their immigration status.''.
    (b) Inspection of Applicants for Admission.--Section 235(d) (8 
U.S.C. 1225(d)) is amended by adding at the end the following:
            ``(5) Authority to collect biometric data.--In conducting 
        inspections under subsection (b), immigration officers are 
        authorized to collect biometric data from--
                    ``(A) any applicant for admission or alien seeking 
                to transit through the United States; or
                    ``(B) any lawful permanent resident who is entering 
                the United States and who is not regarded as seeking 
                admission pursuant to section 101(a)(13)(C).''.
    (c) Collection of Biometric Data From Alien Crewmen.--Section 252 
(8 U.S.C. 1282) is amended by adding at the end the following:
    ``(d) An immigration officer is authorized to collect biometric 
data from an alien crewman seeking permission to land temporarily in 
the United States.''.
    (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) in subsection (a)(7), by adding at the end the 
        following:
                    ``(C) Withholders of biometric data.--Any alien who 
                knowingly fails to comply with a lawful request for 
                biometric data under section 215(c) or 235(d) is 
                inadmissible.''; and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
            ``(2) The Secretary of Homeland Security shall determine 
        whether a ground for inadmissibility exists with respect to an 
        alien described in subparagraph (C) of subsection (a)(7) and 
        may waive the application of such subparagraph for an 
        individual alien or a class of aliens, at the discretion of the 
        Secretary.''.
    (e) Implementation.--Section 7208 of the 9/11 Commission 
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
            (1) in subsection (c), by adding at the end the following:
            ``(3) Implementation.--In fully implementing the automated 
        biometric entry and exit data system under this section, the 
        Secretary is not required to comply with the requirements of 
        chapter 5 of title 5, United States Code (commonly referred to 
        as the Administrative Procedure Act) or any other law relating 
        to rulemaking, information collection, or publication in the 
        Federal Register.''; and
            (2) in subsection (l)--
                    (A) by striking ``There are authorized'' and 
                inserting the following:
            ``(1) In general.--There are authorized''; and
                    (B) by adding at the end the following:
            ``(2) Implementation at all land border ports of entry.--
        There are authorized to be appropriated such sums as may be 
        necessary for each of fiscal years 2008 and 2009 to implement 
        the automated biometric entry and exit data system at all land 
        border ports of entry.''.

SEC. 129. BORDER STUDY.

    (a) Southern Border Study.--The Secretary, in consultation with the 
Attorney General, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Defense, the Secretary of Commerce, and 
the Administrator of the Environmental Protection Agency, shall conduct 
a study on the construction of a system of physical barriers along the 
southern international land and maritime border of the United States. 
The study shall include--
            (1) an assessment of the necessity of constructing such a 
        system, including the identification of areas of high priority 
        for the construction of such a system determined after 
        consideration of factors including the amount of narcotics 
        trafficking and the number of illegal immigrants apprehended in 
        such areas;
            (2) an assessment of the feasibility of constructing such a 
        system;
            (3) an assessment of the international, national, and 
        regional environmental impact of such a system, including the 
        impact on zoning, global climate change, ozone depletion, 
        biodiversity loss, and transboundary pollution;
            (4) an assessment of the necessity for ports of entry along 
        such a system;
            (5) an assessment of the impact such a system would have on 
        international trade, commerce, and tourism;
            (6) an assessment of the effect of such a system on private 
        property rights including issues of eminent domain and riparian 
        rights;
            (7) an estimate of the costs associated with building a 
        barrier system, including costs associated with excavation, 
        construction, and maintenance;
            (8) an assessment of the effect of such a system on Indian 
        reservations and units of the National Park System;
            (9) an assessment of the necessity of constructing such a 
        system after the implementation of provisions of this Act 
        relating to guest workers, visa reform, and interior and 
        worksite enforcement, and the likely effect of such provisions 
        on undocumented immigration and the flow of illegal immigrants 
        across the international border of the United States;
            (10) an assessment of the impact of such a system on 
        diplomatic relations between the United States and Mexico, 
        Central America, and South America, including the likely impact 
        of such a system on existing and potential areas of bilateral 
        and multilateral cooperative enforcement efforts;
            (11) an assessment of the impact of such a system on the 
        quality of life within border communities in the United States 
        and Mexico, including its impact on noise and light pollution, 
        housing, transportation, security, and environmental health;
            (12) an assessment of the likelihood that such a system 
        would lead to increased violations of the human rights, health, 
        safety, or civil rights of individuals in the region near the 
        southern international border of the United States, regardless 
        of the immigration status of such individuals;
            (13) an assessment of the effect such a system would have 
        on violence near the southern international border of the 
        United States; and
            (14) an assessment of the effect of such a system on the 
        vulnerability of the United States to infiltration by 
        terrorists or other agents intending to inflict direct harm on 
        the United States.
    (b) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the study described in subsection (a).

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department shall 
review each contract action relating to the Secure Border Initiative 
having a value of more than $20,000,000, to determine whether each such 
action fully complies with applicable cost requirements, performance 
objectives, program milestones, inclusion of small, minority, and 
women-owned business, and time lines. The Inspector General shall 
complete a review under this subsection with respect to each contract 
action--
            (1) not later than 60 days after the date of the initiation 
        of the action; and
            (2) upon the conclusion of the performance of the contract.
    (b) Inspector General.--
            (1) Action.--If the Inspector General becomes aware of any 
        improper conduct or wrongdoing in the course of conducting a 
        contract review under subsection (a), the Inspector General 
        shall, as expeditiously as practicable, refer information 
        relating to such improper conduct or wrongdoing to the 
        Secretary, or to another appropriate official of the 
        Department, who shall determine whether to temporarily suspend 
        the contractor from further participation in the Secure Border 
        Initiative.
            (2) Report.--Upon the completion of each review described 
        in subsection (a), the Inspector General shall submit to the 
        Secretary a report containing the findings of the review, 
        including findings regarding--
                    (A) cost overruns;
                    (B) significant delays in contract execution;
                    (C) lack of rigorous departmental contract 
                management;
                    (D) insufficient departmental financial oversight;
                    (E) bundling that limits the ability of small 
                businesses to compete; or
                    (F) other high risk business practices.
    (c) Reports by the Secretary.--
            (1) In general.--Not later than 30 days after the receipt 
        of each report required under subsection (b)(2), the Secretary 
        shall submit a report, to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives, that describes--
                    (A) the findings of the report received from the 
                Inspector General; and
                    (B) the steps the Secretary has taken, or plans to 
                take, to address the problems identified in such 
                report.
            (2) Contracts with foreign companies.--Not later than 60 
        days after the initiation of each contract action with a 
        company whose headquarters is not based in the United States, 
        the Secretary shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives, regarding the Secure Border 
        Initiative.
    (d) Reports on United States Ports.--Not later that 30 days after 
receiving information regarding a proposed purchase of a contract to 
manage the operations of a United States port by a foreign entity, the 
Committee on Foreign Investment in the United States shall submit a 
report to Congress that describes--
            (1) the proposed purchase;
            (2) any security concerns related to the proposed purchase; 
        and
            (3) the manner in which such security concerns have been 
        addressed.
    (e) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General of the Department, there are authorized to be 
appropriated to the Office, to enable the Office to carry out this 
section--
            (1) for fiscal year 2008, not less than 5 percent of the 
        overall budget of the Office for such fiscal year;
            (2) for fiscal year 2009, not less than 6 percent of the 
        overall budget of the Office for such fiscal year; and
            (3) for fiscal year 2010, not less than 7 percent of the 
        overall budget of the Office for such fiscal year.

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Beginning on October 1, 2008, an alien (other than 
a national of Mexico) who is attempting to illegally enter the United 
States and who is apprehended at a United States port of entry or along 
the international land and maritime border of the United States shall 
be detained until removed or a final decision granting admission has 
been determined, unless the alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and immediately departs from the United 
        States pursuant to such section; or
            (2) is paroled into the United States by the Secretary for 
        urgent humanitarian reasons or significant public benefit in 
        accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
        1182(d)(5)(A)).
    (b) Requirements During Interim Period.--Beginning 60 days after 
the date of the enactment of this Act and before October 1, 2008, an 
alien described in subsection (a) may be released with a notice to 
appear only if--
            (1) the Secretary determines, after conducting all 
        appropriate background and security checks on the alien, that 
        the alien does not pose a national security risk; and
            (2) the alien provides a bond of not less than $5,000.
    (c) Rules of Construction.--
            (1) Asylum and removal.--Nothing in this section shall be 
        construed as limiting the right of an alien to apply for asylum 
        or for relief or deferral of removal based on a fear of 
        persecution.
            (2) Treatment of certain aliens.--The mandatory detention 
        requirement in subsection (a) does not apply to any alien who 
        is a native or citizen of a country in the Western Hemisphere 
        with whose government the United States does not have full 
        diplomatic relations.
            (3) Discretion.--Nothing in this section shall be construed 
        as limiting the authority of the Secretary, in the Secretary's 
        sole unreviewable discretion, to determine whether an alien 
        described in clause (ii) of section 235(b)(1)(B) of the 
        Immigration and Nationality Act shall be detained or released 
        after a finding of a credible fear of persecution (as defined 
        in clause (v) of such section).

SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, 
              ENTRY, OR CLEARANCE REQUIREMENTS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 556. Evasion of inspection or during violation of arrival, 
              reporting, entry, or clearance requirements
    ``(a) Prohibition.--A person shall be punished as described in 
subsection (b) if such person attempts to elude or eludes customs, 
immigration, or agriculture inspection or fails to stop at the command 
of an officer or employee of the United States charged with enforcing 
the immigration, customs, or other laws of the United States at a port 
of entry or customs or immigration checkpoint.
    ``(b) Penalties.--A person who commits an offense described in 
subsection (a) shall be--
            ``(1) fined under this title;
            ``(2)(A) imprisoned for not more than 3 years, or both;
            ``(B) imprisoned for not more than 10 years, or both, if in 
        commission of this violation, attempts to inflict or inflicts 
        bodily injury (as defined in section 1365(g) of this title); or
            ``(C) imprisoned for any term of years or for life, or 
        both, if death results, and may be sentenced to death; or
            ``(3) both fined and imprisoned under this subsection.
    ``(c) Conspiracy.--If 2 or more persons conspire to commit an 
offense described in subsection (a), and 1 or more of such persons do 
any act to effect the object of the conspiracy, each shall be 
punishable as a principal, except that the sentence of death may not be 
imposed.
    ``(d) Prima Facie Evidence.--For the purposes of seizure and 
forfeiture under applicable law, in the case of use of a vehicle or 
other conveyance in the commission of this offense, or in the case of 
disregarding or disobeying the lawful authority or command of any 
officer or employee of the United States under section 111(b) of this 
title, such conduct shall constitute prima facie evidence of smuggling 
aliens or merchandise.''.
    (b) Conforming Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by inserting at the end:

``556. Evasion of inspection or during violation of arrival, reporting, 
                            entry, or clearance requirements.''.
    (c) Failure To Obey Border Enforcement Officers.--Section 111 of 
title 18, United States Code, is amended by inserting after subsection 
(b) the following:
    ``(c) Failure To Obey Lawful Orders of Border Enforcement 
Officers.--Whoever willfully disregards or disobeys the lawful 
authority or command of any officer or employee of the United States 
charged with enforcing the immigration, customs, or other laws of the 
United States while engaged in, or on account of, the performance of 
official duties shall be fined under this title or imprisoned for not 
more than 5 years, or both.''.
    (d) Technical Amendments.--
            (1) In general.--Chapter 27 of title 18, United States 
        Code, is amended by redesignating the section 554 added by 
        section 551(a) of the Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389) 
        (relating to border tunnels and passages) as section 555.
            (2) Table of sections.--The table of sections for chapter 
        27 of title 18, United States Code, is amended--
                    (A) by striking the following:

``554. Border tunnels and passages.'';
            and
                    (B) inserting the following:

``555. Border tunnels and passages.''.
            (3) Criminal forfeiture.--Section 982(a)(6) of title 18, 
        United States Code, is amended by striking ``554'' and 
        inserting ``555''.
            (4) Directive to the united states sentencing commission.--
        Section 551(d) of the Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
        is amended in paragraphs (1) and (2)(A) by striking ``554'' and 
        inserting ``555''.

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN 
              LAND BORDER OF THE UNITED STATES.

    (a) Authority To Provide Assistance.--
            (1) In general.--With the approval of the Secretary of 
        Defense, the Governor of a State may order any units or 
        personnel of the National Guard of such State to perform annual 
        training duty under section 502(a) of title 32, United States 
        Code, to carry out in any State along the southern land border 
        of the United States the activities authorized in subsection 
        (b), for the purpose of securing such border. Such duty shall 
        not exceed 21 days in any year.
            (2) Support.--With the approval of the Secretary of 
        Defense, the Governor of a State may order any units or 
        personnel of the National Guard of such State to perform duty 
        under section 502(f) of title 32, United States Code, to 
        provide command, control, and continuity of support for units 
        or personnel performing annual training duty under paragraph 
        (1).
    (b) Authorized Activities.--The activities authorized by this 
subsection are any of the following:
            (1) Ground reconnaissance activities;
            (2) Airborne reconnaissance activities;
            (3) Logistical support;
            (4) Provision of translation services and training;
            (5) Administrative support services;
            (6) Technical training services;
            (7) Emergency medical assistance and services;
            (8) Communications services;
            (9) Rescue of aliens in peril;
            (10) Construction of roadways, patrol roads, fences, 
        barriers, and other facilities to secure the southern land 
        border of the United States; and
            (11) Ground and air transportation.
    (c) Cooperative Agreements.--Units and personnel of the National 
Guard of a State may perform activities in another State under 
subsection (a) only pursuant to the terms of an emergency management 
assistance compact or other cooperative arrangement entered into 
between Governors of such States for purposes of this section, and only 
with the approval of the Secretary of Defense.
    (d) Coordination of Assistance.--The Secretary of Homeland Security 
shall, in consultation with the Secretary of Defense and the Governors 
of the States concerned, coordinate the performance of activities under 
this section by units and personnel of the National Guard.
    (e) Annual Training.--Annual training duty performed by members of 
the National Guard under subsection (a) shall be appropriate for the 
units and individual members concerned, taking into account the types 
of units and military occupational specialties of individual members 
performing such duty.
    (f) Definitions.--In this section:
            (1) The term ``Governor of a State'' means, in the case of 
        the District of Columbia, the Commanding General of the 
        National Guard of the District of Columbia.
            (2) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, and the Virgin Islands.
            (3) The term ``State along the southern border of the 
        United States'' means each of the following:
                    (A) The State of Arizona.
                    (B) The State of California.
                    (C) The State of New Mexico.
                    (D) The State of Texas.
    (g) Duration of Authority.--The authority of this section shall 
expire on January 1, 2009.
    (h) Prohibition on Direct Participation in Law Enforcement.--
Activities carried out under the authority of this section shall not 
include the direct participation of a member of the National Guard in a 
search, seizure, arrest, or similar activity.

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER 
              MEMBERS OF THE ARMED FORCES TO SERVE IN THE BUREAU OF 
              CUSTOMS AND BORDER PROTECTION.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Defense shall jointly submit to the appropriate committees 
of Congress a report assessing the desirability and feasibility of 
offering incentives to covered members and former members of the Armed 
Forces for the purpose of encouraging such members to serve in the 
Bureau of Customs and Border Protection.
    (b) Covered Members and Former Members of the Armed Forces.--For 
purposes of this section, covered members and former members of the 
Armed Forces are the following:
            (1) Members of the reserve components of the Armed Forces.
            (2) Former members of the Armed Forces within two years of 
        separation from service in the Armed Forces.
    (c) Requirements and Limitations.--
            (1) Nature of incentives.--In considering incentives for 
        purposes of the report required by subsection (a), the 
        Secretaries shall consider such incentives, whether monetary or 
        otherwise and whether or not authorized by current law or 
        regulations, as the Secretaries jointly consider appropriate.
            (2) Targeting of incentives.--In assessing any incentive 
        for purposes of the report, the Secretaries shall give 
        particular attention to the utility of such incentive in--
                    (A) encouraging service in the Bureau of Customs 
                and Border Protection after service in the Armed Forces 
                by covered members and former of the Armed Forces who 
                have provided border patrol or border security 
                assistance to the Bureau as part of their duties as 
                members of the Armed Forces; and
                    (B) leveraging military training and experience by 
                accelerating training, or allowing credit to be applied 
                to related areas of training, required for service with 
                the Bureau of Customs and Border Protection.
            (3) Payment.--In assessing incentives for purposes of the 
        report, the Secretaries shall assume that any costs of such 
        incentives shall be borne by the Department of Homeland 
        Security.
    (d) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of various monetary and non-monetary 
        incentives considered for purposes of the report.
            (2) An assessment of the desirability and feasibility of 
        utilizing any such incentive for the purpose specified in 
        subsection (a), including an assessment of the particular 
        utility of such incentive in encouraging service in the Bureau 
        of Customs and Border Protection after service in the Armed 
        Forces by covered members and former members of the Armed 
        Forces described in subsection (c)(2).
            (3) Any other matters that the Secretaries jointly consider 
        appropriate.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Homeland Security, 
        and Appropriations of the House of Representatives.

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    (a) Findings.--Congress makes the following findings:
            (1) United States citizens make approximately 130,000,000 
        land border crossings each year between the United States and 
        Canada and the United States and Mexico, with approximately 
        23,000,000 individual United States citizens crossing the 
        border annually.
            (2) Approximately 27 percent of United States citizens 
        possess United States passports.
            (3) In fiscal year 2005, the Secretary of State issued an 
        estimated 10,100,000 passports, representing an increase of 15 
        percent from fiscal year 2004.
            (4) The Secretary of State estimates that 13,000,000 
        passports will be issued in fiscal year 2006, 16,000,000 
        passports will be issued in fiscal year 2007, and 17,000,000 
        passports will be issued in fiscal year 2008.
    (b) Extension of Western Hemisphere Travel Initiative 
Implementation Deadline.--Section 7209(b)(1) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note) is amended by striking ``January 1, 2008'' and inserting ``the 
later of June 1, 2009, or 3 months after the Secretary of State and the 
Secretary of Homeland Security make the certification required in 
subsection (i) of section 135 of the Border Security and Immigration 
Reform Act of 2007.''.
    (c) Passport Cards.--
            (1) Authority to issue.--In order to facilitate travel of 
        United States citizens to Canada, Mexico, the countries located 
        in the Caribbean, and Bermuda, the Secretary of State, in 
        consultation with the Secretary, is authorized to develop a 
        travel document known as a Passport Card.
            (2) Issuance.--In accordance with the Western Hemisphere 
        Travel Initiative carried out pursuant to section 7209 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of 
        State, in consultation with the Secretary, shall be authorized 
        to issue to a citizen of the United States who submits an 
        application in accordance with paragraph (5) a travel document 
        that will serve as a Passport Card.
            (3) Applicability.--A Passport Card shall be deemed to be a 
        United States passport for the purpose of United States laws 
        and regulations relating to United States passports.
            (4) Validity.--A Passport Card shall be valid for the same 
        period as a United States passport.
            (5) Limitation on use.--A Passport Card may only be used 
        for the purpose of international travel by United States 
        citizens through land and sea ports of entry between--
                    (A) the United States and Canada;
                    (B) the United States and Mexico; and
                    (C) the United States and a country located in the 
                Caribbean or Bermuda.
            (6) Application for issuance.--To be issued a Passport 
        Card, a United States citizen shall submit an application to 
        the Secretary of State. The Secretary of State shall require 
        that such application shall contain the same information as is 
        required to determine citizenship, identity, and eligibility 
        for issuance of a United States passport.
            (7) Technology.--
                    (A) Expedited traveler programs.--To the maximum 
                extent practicable, a Passport Card shall be designed 
                and produced to provide a platform on which the 
                expedited traveler programs carried out by the 
                Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and 
                Register Traveler may be added. The Secretary of State 
                and the Secretary shall notify Congress not later than 
                July 1, 2008, if the technology to add expedited travel 
                features to the Passport Card is not developed by that 
                date.
                    (B) Technology.--The Secretary and the Secretary of 
                State shall establish a technology implementation plan 
                that accommodates desired technology requirements of 
                the Department of State and the Department, allows for 
                future technological innovations, and ensures maximum 
                facilitation at the northern and southern borders.
            (8) Specifications for card.--A Passport Card shall be 
        easily portable and durable. The Secretary of State and the 
        Secretary shall consult regarding the other technical 
        specifications of the Card, including whether the security 
        features of the Card could be combined with other existing 
        identity documentation.
            (9) Fee.--
                    (A) In general.--An applicant for a Passport Card 
                shall submit an application under paragraph (6) 
                together with a nonrefundable fee in an amount to be 
                determined by the Secretary of State. Passport Card 
                fees shall be deposited as an offsetting collection to 
                the appropriate Department of State appropriation, to 
                remain available until expended.
                    (B) Limitation on fees.--
                            (i) In general.--The Secretary of State 
                        shall seek to make the application fee under 
                        this paragraph as low as possible.
                            (ii) Maximum fee without certification.--
                        Except as provided in clause (iii), the 
                        application fee may not exceed $24.
                            (iii) Maximum fee with certification.--The 
                        application fee may be not more than $34 if the 
                        Secretary of State, the Secretary, and the 
                        Postmaster General--
                                    (I) jointly certify to Congress 
                                that the cost to produce and issue a 
                                Passport Card significantly exceeds 
                                $24; and
                                    (II) provide a detailed cost 
                                analysis for such fee.
                    (C) Reduction of fee.--The Secretary of State shall 
                reduce the fee for a Passport Card for an individual 
                who submits an application for a Passport Card together 
                with an application for a United States passport.
                    (D) Waiver of fee for children.--The Secretary of 
                State shall waive the fee for a Passport Card for a 
                child under 18 years of age.
                    (E) Audit.--In the event that the fee for a 
                Passport Card exceeds $24, the Comptroller General of 
                the United States shall conduct an audit to determine 
                whether Passport Cards are issued at the lowest 
                possible cost.
            (10) Accessibility.--In order to make the Passport Card 
        easily obtainable, an application for a Passport Card shall be 
        accepted in the same manner and at the same locations as an 
        application for a United States passport.
            (11) Rule of construction.--Nothing in this section shall 
        be construed as limiting, altering, modifying, or otherwise 
        affecting the validity of a United States passport. A United 
        States citizen may possess a United States passport and a 
        Passport Card.
    (d) State Enrollment Demonstration Program.--
            (1) In general.--Notwithstanding any other provisions of 
        law, the Secretary of State and the Secretary shall enter into 
        a memorandum of understanding with 1 or more appropriate States 
        to carry out at least 1 demonstration program as follows:
                    (A) A State may include an individual's United 
                States citizenship status on a driver's license which 
                meets the requirements of section 202 of the REAL ID 
                Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 
                30301 note).
                    (B) The Secretary of State shall develop a 
                mechanism to communicate with a participating State to 
                verify the United States citizenship status of an 
                applicant who voluntarily seeks to have the applicant's 
                United States citizenship status included on a driver's 
                license.
                    (C) All information collected about the individual 
                shall be managed exclusively in the same manner as 
                information collected through a passport application 
                and no further distribution of such information shall 
                be permitted.
                    (D) A State may not require an individual to 
                include the individual's citizenship status on a 
                driver's license.
                    (E) Notwithstanding any other provision of law, a 
                driver's license which meets the requirements of this 
                paragraph shall be deemed to be sufficient 
                documentation to permit the bearer to enter the United 
                States from Canada or Mexico through not less than at 
                least 1 designated international border crossing in 
                each State participating in the demonstration program.
            (2) Rule of construction.--Nothing in this subsection shall 
        have the effect of creating a national identity card.
            (3) Authority to expand.--The Secretary of State and the 
        Secretary may expand the demonstration program under this 
        subsection so that such program is carried out in additional 
        States, through additional ports of entry, for additional 
        foreign countries, and in a manner that permits the use of 
        additional types of identification documents to prove identity 
        under the program.
            (4) Study.--Not later than 6 months after the date that the 
        demonstration program under this subsection is carried out, the 
        Comptroller General of the United States shall conduct a study 
        of--
                    (A) the cost of the production and issuance of 
                documents that meet the requirements of the program 
                compared with other travel documents;
                    (B) the impact of the program on the flow of cross-
                border traffic and the economic impact of the program; 
                and
                    (C) the security of travel documents that meet the 
                requirements of the program compared with other travel 
                documents.
            (5) Reciprocity with canada.--Notwithstanding any other 
        provision of law, if the Secretary of State and the Secretary 
        certify that certain identity documents issued by Canada (or 
        any of its provinces) meet security and citizenship standards 
        comparable to the requirements described in paragraph (1), the 
        Secretary may determine that such documents are sufficient to 
        permit entry into the United States. The Secretary shall work, 
        to the maximum extent possible, to ensure that identification 
        documents issued by Canada that are used as described in this 
        paragraph contain the same technology as identification 
        documents issued by the United States (or any State).
            (6) Additional pilot programs.--To the maximum extent 
        possible, the Secretary shall seek to conduct pilot programs 
        related to Passport Cards and the State Enrollment 
        Demonstration Program described in this subsection on the 
        international border between the United States and Canada and 
        the international border between the United States and Mexico.
    (e) Expedited Processing for Repeat Travelers.--
            (1) Land crossings.--To the maximum extent practicable at 
        the United States border with Canada and the United States 
        border with Mexico, the Secretary shall expand expedited 
        traveler programs carried out by the Secretary to all ports of 
        entry and should encourage citizens of the United States to 
        participate in the preenrollment programs, as such programs 
        assist border control officers of the United States in the 
        fight against terrorism by increasing the number of known 
        travelers crossing the border. The identities of such expedited 
        travelers should be entered into a database of known travelers 
        who have been subjected to in-depth background and watch-list 
        checks to permit border control officers to focus more 
        attention on unknown travelers, potential criminals, and 
        terrorists. The Secretary, in consultation with the appropriate 
        officials of the Government of Canada, shall equip at least 6 
        additional northern border crossings with NEXUS technology and 
        6 additional southern ports of entry with SENTRI technology.
            (2) Sea crossings.--The Commissioner of Customs and Border 
        Patrol shall conduct and expand trusted traveler programs and 
        pilot programs to facilitate expedited processing of United 
        States citizens returning from pleasure craft trips in Canada, 
        Mexico, the Caribbean, or Bermuda. One such program shall be 
        conducted in Florida and modeled on the I-68 program.
    (f) Process for Individuals Lacking Appropriate Documents.--
            (1) In general.--The Secretary shall establish a program 
        that satisfies section 7209 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 
        1185 note)--
                    (A) to permit a citizen of the United States who 
                has not been issued a United States passport or other 
                appropriate travel document to cross the international 
                border and return to the United States for a time 
                period of not more than 72 hours, on a limited basis, 
                and at no additional fee; or
                    (B) to establish a process to ascertain the 
                identity of, and make admissibility determinations for, 
                a citizen described in paragraph (A) upon the arrival 
                of such citizen at an international border of the 
                United States.
            (2) Grace period.--During a time period determined by the 
        Secretary, officers of the United States Customs and Border 
        Patrol may permit citizens of the United States and Canada who 
        are unaware of the requirements of section 7209 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking 
        appropriate documentation, to enter the United States upon a 
        demonstration of citizenship satisfactory to the officer. 
        Officers of the United States Customs and Border Patrol shall 
        educate such individuals about documentary requirements.
    (g) Travel by Children.--Notwithstanding any other provision of 
law, the Secretary shall develop a procedure to accommodate groups of 
children traveling by land across an international border under adult 
supervision with parental consent without requiring a government-issued 
identity and citizenship document.
    (h) Public Promotion.--The Secretary of State, in consultation with 
the Secretary, shall develop and implement an outreach plan to inform 
United States citizens about the Western Hemisphere Travel Initiative 
and the provisions of this Act, to facilitate the acquisition of 
appropriate documentation to travel to Canada, Mexico, the countries 
located in the Caribbean, and Bermuda, and to educate United States 
citizens who are unaware of the requirements for such travel. Such 
outreach plan should include--
            (1) written notifications posted at or near public 
        facilities, including border crossings, schools, libraries, 
        Amtrak stations, and United States Post Offices located within 
        50 miles of the international border between the United States 
        and Canada or the international border between the United 
        States and Mexico and other ports of entry;
            (2) provisions to seek consent to post such notifications 
        on commercial property, such as offices of State departments of 
        motor vehicles, gas stations, supermarkets, convenience stores, 
        hotels, and travel agencies;
            (3) the collection and analysis of data to measure the 
        success of the public promotion plan; and
            (4) additional measures as appropriate.
    (i) Certification.--Notwithstanding any other provision of law, the 
Secretary may not implement the plan described in section 7209(b) of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009, or 
the date that is 3 months after the Secretary of State and the 
Secretary certify to Congress that--
            (1)(A) if the Secretary and the Secretary of State develop 
        and issue Passport Cards under this section--
                    (i) such cards have been distributed to at least 90 
                percent of the eligible United States citizens who 
                applied for such cards during the 6-month period 
                beginning not earlier than the date the Secretary of 
                State began accepting applications for such cards and 
                ending not earlier than 10 days prior to the date of 
                certification;
                    (ii) Passport Cards are provided to applicants, on 
                average, within 4 weeks of application or within the 
                same period of time required to adjudicate a passport; 
                and
                    (iii) a successful pilot has demonstrated the 
                effectiveness of the Passport Card; or
            (B) if the Secretary and the Secretary of State do not 
        develop and issue Passport Cards under this section and develop 
        a program to issue an alternative document that satisfies the 
        requirements of section 7209 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004, in addition to the NEXUS, 
        SENTRI, FAST and Border Crossing Card programs, such 
        alternative document is widely available and well publicized;
            (2) United States border crossings have been equipped with 
        sufficient document readers and other technologies to ensure 
        that implementation will not substantially slow the flow of 
        traffic and persons across international borders;
            (3) officers of the Bureau of Customs and Border Protection 
        have received training and been provided the infrastructure 
        necessary to accept Passport Cards and all alternative identity 
        documents at all United States border crossings; and
            (4) the outreach plan described in subsection (g) has been 
        implemented and the Secretary determines such plan has been 
        successful in providing information to United States citizens.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of State and the Secretary such sums as 
may be necessary to carry out this section, and the amendment made by 
this section.

SEC. 136. RECRUITMENT AND RETENTION PROGRAM.

    (a) Requirement for Program.--The Secretary shall conduct a 5-year 
program to facilitate the recruitment and retention of agents of the 
Bureau of Customs and Border Protection and of the Bureau of 
Immigration and Customs Enforcement.
    (b) Report.--Not less frequently than once every 90 days during the 
5-year duration of the program requirement by subsection (a), the 
Secretary shall submit to the appropriate committees of Congress a 
report on the results and progress of the program. Such report shall be 
submitted in an unclassified form and may include a classified annex, 
if necessary.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Homeland Security, 
        and Appropriations of the House of Representatives.

             Subtitle D--Border Law Enforcement Relief Act

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Border Law Enforcement Relief 
Act of 2007''.

SEC. 142. FINDINGS.

    Congress finds the following:
            (1) It is the obligation of the Federal Government of the 
        United States to adequately secure the Nation's borders and 
        prevent the flow of undocumented persons and illegal drugs into 
        the United States.
            (2) Despite the fact that the United States Border Patrol 
        apprehends over 1,000,000 people each year trying to illegally 
        enter the United States, according to the Congressional 
        Research Service, the net growth in the number of unauthorized 
        aliens has increased by approximately 500,000 each year. The 
        Southwest border accounts for approximately 94 percent of all 
        migrant apprehensions each year. Currently, there are an 
        estimated 11,000,000 unauthorized aliens in the United States.
            (3) The border region is also a major corridor for the 
        shipment of drugs. According to the El Paso Intelligence 
        Center, 65 percent of the narcotics that are sold in the 
        markets of the United States enter the country through the 
        Southwest Border.
            (4) Border communities continue to incur significant costs 
        due to the lack of adequate border security. A 2001 study by 
        the United States-Mexico Border Counties Coalition found that 
        law enforcement and criminal justice expenses associated with 
        illegal immigration exceed $89,000,000 annually for the 
        Southwest border counties.
            (5) In August 2005, the States of New Mexico and Arizona 
        declared states of emergency in order to provide local law 
        enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.
            (6) While the Federal Government provides States and 
        localities assistance in covering costs related to the 
        detention of certain criminal aliens and the prosecution of 
        Federal drug cases, local law enforcement along the border are 
        provided no assistance in covering such expenses and must use 
        their limited resources to combat drug trafficking, human 
        smuggling, kidnappings, the destruction of private property, 
        and other border-related crimes.
            (7) The United States shares 5,525 miles of border with 
        Canada and 1,989 miles with Mexico. Many of the local law 
        enforcement agencies located along the border are small, rural 
        departments charged with patrolling large areas of land. 
        Counties along the Southwest United States-Mexico border are 
        some of the poorest in the country and lack the financial 
        resources to cover the additional costs associated with illegal 
        immigration, drug trafficking, and other border-related crimes.
            (8) Federal assistance is required to help local law 
        enforcement operating along the border address the unique 
        challenges that arise as a result of their proximity to an 
        international border and the lack of overall border security in 
        the region

SEC. 143. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the United States border; and
                    (B) the impact of any lack of security along the 
                United States border.
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2008 through 2012.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of less than 50,000; and
                    (B) located no more than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
only be used to provide additional resources for an eligible law 
enforcement agency to address criminal activity occurring along any 
such border, including--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--For the purposes of this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency--
                    (A) located in a county no more than 100 miles from 
                a United States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) located in a county more than 100 miles from 
                any such border, but where such county has been 
                certified by the Secretary as a High Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of fiscal years 2008 through 2012 to carry 
        out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        authorized under paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (f) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not supplant other State 
and local public funds obligated for the purposes provided under this 
title.

SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

    Nothing in this subtitle shall be construed to authorize State or 
local law enforcement agencies or their officers to exercise Federal 
immigration law enforcement authority.

                  Subtitle E--Rapid Response Measures

SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.

    (a) Emergency Deployment of Border Patrol Agents.--
            (1) In general.--If the Governor of a State on an 
        international border of the United States declares an 
        international border security emergency and requests additional 
        United States Border Patrol agents (referred to in this 
        subtitle as ``agents'') from the Secretary, the Secretary, 
        subject to paragraphs (1) and (2), may provide the State with 
        not more than 1,000 additional agents for the purpose of 
        patrolling and defending the international border, in order to 
        prevent individuals from crossing the international border into 
        the United States at any location other than an authorized port 
        of entry.
            (2) Consultation.--Upon receiving a request for agents 
        under paragraph (1), the Secretary, after consultation with the 
        President, shall grant such request to the extent that 
        providing such agents will not significantly impair the 
        Department's ability to provide border security for any other 
        State.
            (3) Collective bargaining.--Emergency deployments under 
        this subsection shall be made in accordance with all applicable 
        collective bargaining agreements and obligations.
    (b) Elimination of Fixed Deployment of Border Patrol Agents.--The 
Secretary shall ensure that agents are not precluded from performing 
patrol duties and apprehending violators of law, except in unusual 
circumstances if the temporary use of fixed deployment positions is 
necessary.
    (c) Increase in Full-Time Border Patrol Agents.--Section 5202(a)(1) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 
Stat. 3734), as amended by section 101(b)(2), is further amended by 
striking ``2,000'' and inserting ``3,000''.

SEC. 152. BORDER PATROL MAJOR ASSETS.

    (a) Control of Border Patrol Assets.--The United States Border 
Patrol shall have complete and exclusive administrative and operational 
control over all the assets utilized in carrying out its mission, 
including, aircraft, watercraft, vehicles, detention space, 
transportation, and all of the personnel associated with such assets.
    (b) Helicopters and Power Boats.--
            (1) Helicopters.--The Secretary shall increase, by not less 
        than 100, the number of helicopters under the control of the 
        United States Border Patrol. The Secretary shall ensure that 
        appropriate types of helicopters are procured for the various 
        missions being performed.
            (2) Power boats.--The Secretary shall increase, by not less 
        than 250, the number of power boats under the control of the 
        United States Border Patrol. The Secretary shall ensure that 
        the types of power boats that are procured are appropriate for 
        both the waterways in which they are used and the mission 
        requirements.
            (3) Use and training.--The Secretary shall--
                    (A) establish an overall policy on how the 
                helicopters and power boats procured under this 
                subsection will be used; and
                    (B) implement training programs for the agents who 
                use such assets, including safe operating procedures 
                and rescue operations.
    (c) Motor Vehicles.--
            (1) Quantity.--The Secretary shall establish a fleet of 
        motor vehicles appropriate for use by the United States Border 
        Patrol that will permit a ratio of not less than 1 police-type 
        vehicle for every 3 agents. These police-type vehicles shall be 
        replaced not less than every 3 years. The Secretary shall 
        ensure that there are sufficient numbers and types of other 
        motor vehicles to support the mission of the United States 
        Border Patrol.
            (2) Features.--All motor vehicles purchased for the United 
        States Border Patrol shall--
                    (A) be appropriate for the mission of the United 
                States Border Patrol; and
                    (B) have a panic button and a global positioning 
                system device that is activated solely in emergency 
                situations to track the location of agents in distress.

SEC. 153. ELECTRONIC EQUIPMENT.

    (a) Portable Computers.--The Secretary shall ensure that each 
police-type motor vehicle in the fleet of the United States Border 
Patrol is equipped with a portable computer with access to all 
necessary law enforcement databases and otherwise suited to the unique 
operational requirements of the United States Border Patrol.
    (b) Radio Communications.--The Secretary shall augment the existing 
radio communications system so that all law enforcement personnel 
working in each area where United States Border Patrol operations are 
conducted have clear and encrypted 2-way radio communication 
capabilities at all times. Each portable communications device shall be 
equipped with a panic button and a global positioning system device 
that is activated solely in emergency situations to track the location 
of agents in distress.
    (c) Hand-Held Global Positioning System Devices.--The Secretary 
shall ensure that each United States Border Patrol agent is issued a 
state-of-the-art hand-held global positioning system device for 
navigational purposes.
    (d) Night Vision Equipment.--The Secretary shall ensure that 
sufficient quantities of state-of-the-art night vision equipment are 
procured and maintained to enable each United States Border Patrol 
agent working during the hours of darkness to be equipped with a 
portable night vision device.

SEC. 154. PERSONAL EQUIPMENT.

    (a) Border Armor.--The Secretary shall ensure that every agent is 
issued high-quality body armor that is appropriate for the climate and 
risks faced by the agent. Each agent shall be permitted to select from 
among a variety of approved brands and styles. Agents shall be strongly 
encouraged, but not required, to wear such body armor whenever 
practicable. All body armor shall be replaced not less than every 5 
years.
    (b) Weapons.--The Secretary shall ensure that agents are equipped 
with weapons that are reliable and effective to protect themselves, 
their fellow agents, and innocent third parties from the threats posed 
by armed criminals. The Secretary shall ensure that the policies of the 
Department authorize all agents to carry weapons that are suited to the 
potential threats that they face.
    (c) Uniforms.--The Secretary shall ensure that all agents are 
provided with all necessary uniform items, including outerwear suited 
to the climate, footwear, belts, holsters, and personal protective 
equipment, at no cost to such agents. Such items shall be replaced at 
no cost to such agents as they become worn, unserviceable, or no longer 
fit properly.

SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for each of the fiscal years 2008 through 2012 to 
carry out this subtitle.

                     TITLE II--INTERIOR ENFORCEMENT

SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

    (a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is 
amended by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or 
(VIII)''.
    (b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C. 
1229b(c)(4)) is amended--
            (1) by striking ``inadmissible under'' and inserting 
        ``described in''; and
            (2) by striking ``deportable under'' and inserting 
        ``described in''.
    (c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C. 
1229c(b)(1)(C)) is amended by striking ``deportable under section 
237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in 
paragraph (2)(A)(iii) or (4) of section 237(a)''.
    (d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)) is amended--
            (1) in clause (iii), by striking ``or'' at the end;
            (2) in clause (iv) by striking the period at the end and 
        inserting ``; or'';
            (3) by inserting after clause (iv) the following:
                            ``(v) the alien is described in section 
                        237(a)(4)(B) (other than an alien described in 
                        section 212(a)(3)(B)(i)(IV) if the Secretary of 
                        Homeland Security determines that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United 
                        States).''; and
            (4) in the undesignated paragraph, by striking ``For 
        purposes of clause (iv), an alien who is described in section 
        237(a)(4)(B) shall be considered to be an alien with respect to 
        whom there are reasonable grounds for regarding as a danger to 
        the security of the United States.''.
    (e) Record of Admission.--Section 249 (8 U.S.C. 1259) is amended to 
read as follows:

``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF 
              CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO 
              JANUARY 1, 1972.

    ``A record of lawful admission for permanent residence may be made, 
in the discretion of the Secretary of Homeland Security and under such 
regulations as the Secretary may prescribe, for any alien, as of the 
date of the approval of the alien's application or, if entry occurred 
before July 1, 1924, as of the date of such entry if no such record is 
otherwise available, if the alien establishes that the alien--
            ``(1) is not described in section 212(a)(3)(E) or in 
        section 212(a) (insofar as it relates to criminals, procurers, 
        other immoral persons, subversives, violators of the narcotics 
        laws, or smugglers of aliens);
            ``(2) entered the United States before January 1, 1972;
            ``(3) has resided in the United States continuously since 
        such entry;
            ``(4) is a person of good moral character;
            ``(5) is not ineligible for citizenship; and
            ``(6) is not described in section 237(a)(4)(B).''.
    (f) Effective Date and Application.--The amendments made by this 
section shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to any act or condition constituting a ground for 
        inadmissibility, excludability, or removal occurring or 
        existing on or after the date of the enactment of this Act.

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

    (a) In General.--
            (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is 
        amended--
                    (A) by striking ``Attorney General'' the first 
                place it appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by striking ``Attorney General'' any other 
                place it appears and inserting ``Secretary'';
                    (C) in paragraph (1)--
                            (i) in subparagraph (B), by amending clause 
                        (ii) to read as follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the expiration 
                        date of the stay of removal.'';
                            (ii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Extension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to--
                            ``(i) make all reasonable efforts to comply 
                        with the removal order; or
                            ``(ii) fully cooperate with the Secretary's 
                        efforts to establish the alien's identity and 
                        carry out the removal order, including failing 
                        to make timely application in good faith for 
                        travel or other documents necessary to the 
                        alien's departure, or conspiring or acting to 
                        prevent the alien's removal.''; and
                            (iii) by adding at the end the following:
                    ``(D) Tolling of period.--If, at the time described 
                in subparagraph (B), the alien is not in the custody of 
                the Secretary under the authority of this Act, the 
                removal period shall not begin until the alien is taken 
                into such custody. If the Secretary lawfully transfers 
                custody of the alien during the removal period to 
                another Federal agency or to a State or local 
                government agency in connection with the official 
                duties of such agency, the removal period shall be 
                tolled, and shall recommence on the date on which the 
                alien is returned to the custody of the Secretary.'';
                    (D) in paragraph (2), by adding at the end the 
                following: ``If a court, the Board of Immigration 
                Appeals, or an immigration judge orders a stay of 
                removal of an alien who is subject to an administrative 
                final order of removal, the Secretary, in the exercise 
                of discretion, may detain the alien during the pendency 
                of such stay of removal.'';
                    (E) in paragraph (3), by amending subparagraph (D) 
                to read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or to perform 
                affirmative acts, that the Secretary prescribes for the 
                alien--
                            ``(i) to prevent the alien from absconding;
                            ``(ii) for the protection of the community; 
                        or
                            ``(iii) for other purposes related to the 
                        enforcement of the immigration laws.'';
                    (F) in paragraph (6), by striking ``removal period 
                and, if released,'' and inserting ``removal period, in 
                the discretion of the Secretary, without any 
                limitations other than those specified in this section, 
                until the alien is removed. If an alien is released, 
                the alien'';
                    (G) by redesignating paragraph (7) as paragraph 
                (10); and
                    (H) by inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding 
        section 212(d)(5), that the alien shall not be returned to 
        custody unless either the alien violates the conditions of the 
        alien's parole or the alien's removal becomes reasonably 
        foreseeable, provided that in no circumstance shall such alien 
        be considered admitted.
            ``(8) Additional rules for detention or release of 
        aliens.--The following procedures shall apply to an alien 
        detained under this section:
                    ``(A) Detention review process for aliens who have 
                effected an entry and fully cooperate with removal.--
                The Secretary of Homeland Security shall establish an 
                administrative review process to determine whether an 
                alien described in subparagraph (B) should be detained 
                or released after the removal period in accordance with 
                this paragraph.
                    ``(B) Alien described.--An alien is described in 
                this subparagraph if the alien--
                            ``(i) has effected an entry into the United 
                        States;
                            ``(ii) has made all reasonable efforts to 
                        comply with the alien's removal order;
                            ``(iii) has cooperated fully with the 
                        Secretary's efforts to establish the alien's 
                        identity and to carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        for the alien's departure; and
                            ``(iv) has not conspired or acted to 
                        prevent removal.
                    ``(C) Evidence.--In making a determination under 
                subparagraph (A), the Secretary--
                            ``(i) shall consider any evidence submitted 
                        by the alien;
                            ``(ii) may consider any other evidence, 
                        including--
                                    ``(I) any information or assistance 
                                provided by the Department of State or 
                                other Federal agency; and
                                    ``(II) any other information 
                                available to the Secretary pertaining 
                                to the ability to remove the alien.
                    ``(D) Authority to detain for 90 days beyond 
                removal period.--The Secretary, in the exercise of the 
                Secretary's discretion and without any limitations 
                other than those specified in this section, may detain 
                an alien for 90 days beyond the removal period 
                (including any extension of the removal period under 
                paragraph (1)(C)).
                    ``(E) Authority to detain for additional period.--
                The Secretary, in the exercise of the Secretary's 
                discretion and without any limitations other than those 
                specified in this section, may detain an alien beyond 
                the 90-day period authorized under subparagraph (D) 
                until the alien is removed, if the Secretary--
                            ``(i) determines that there is a 
                        significant likelihood that the alien will be 
                        removed in the reasonably foreseeable future; 
                        or
                            ``(ii) certifies in writing--
                                    ``(I) in consultation with the 
                                Secretary of Health and Human Services, 
                                that the alien has a highly contagious 
                                disease that poses a threat to public 
                                safety;
                                    ``(II) after receipt of a written 
                                recommendation from the Secretary of 
                                State, that the release of the alien 
                                would likely have serious adverse 
                                foreign policy consequences for the 
                                United States;
                                    ``(III) based on information 
                                available to the Secretary (including 
                                classified, sensitive, or national 
                                security information, and regardless of 
                                the grounds upon which the alien was 
                                ordered removed), that there is reason 
                                to believe that the release of the 
                                alien would threaten the national 
                                security of the United States;
                                    ``(IV) that--
                                            ``(aa) the release of the 
                                        alien would threaten the safety 
                                        of the community or any person, 
                                        and conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person; and
                                            ``(bb) the alien--

                                                    ``(AA) has been 
                                                convicted of 1 or more 
                                                aggravated felonies (as 
                                                defined in section 
                                                101(a)(43)(A)), or of 1 
                                                or more attempts or 
                                                conspiracies to commit 
                                                any such aggravated 
                                                felonies for an 
                                                aggregate term of 
                                                imprisonment of at 
                                                least 5 years; or

                                                    ``(BB) has 
                                                committed a crime of 
                                                violence (as defined in 
                                                section 16 of title 18, 
                                                United States Code, but 
                                                not including a purely 
                                                political offense) and, 
                                                because of a mental 
                                                condition or 
                                                personality disorder 
                                                and behavior associated 
                                                with that condition or 
                                                disorder, is likely to 
                                                engage in acts of 
                                                violence in the future; 
                                                or

                                    ``(V) that--
                                            ``(aa) the release of the 
                                        alien would threaten the safety 
                                        of the community or any person, 
                                        notwithstanding conditions of 
                                        release designed to ensure the 
                                        safety of the community or any 
                                        person; and
                                            ``(bb) the alien has been 
                                        convicted of 1 or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)) for 
                                        which the alien was sentenced 
                                        to an aggregate term of 
                                        imprisonment of not less than 1 
                                        year.
                    ``(F) Administrative review process.--The 
                Secretary, without any limitations other than those 
                specified in this section, may detain an alien pending 
                a determination under subparagraph (E)(ii), if the 
                Secretary has initiated the administrative review 
                process identified in subparagraph (A) not later than 
                30 days after the expiration of the removal period 
                (including any extension of the removal period under 
                paragraph (1)(C)).
                    ``(G) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary may renew a 
                        certification under subparagraph (E)(ii) every 
                        6 months, without limitation, after providing 
                        the alien with an opportunity to request 
                        reconsideration of the certification and to 
                        submit documents or other evidence in support 
                        of that request. If the Secretary does not 
                        renew such certification, the Secretary shall 
                        release the alien, pursuant to subparagraph 
                        (H).
                            ``(ii) Delegation.--Notwithstanding any 
                        other provision of law, the Secretary may not 
                        delegate the authority to make or renew a 
                        certification described in subclause (II), 
                        (III), or (V) of subparagraph (E)(ii) to any 
                        employee reporting to the Assistant Secretary 
                        for Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary may request 
                        that the Attorney General, or a designee of the 
                        Attorney General, provide for a hearing to make 
                        the determination described in subparagraph 
                        (E)(ii)(IV)(bb)(BB).
                    ``(H) Release on conditions.--If it is determined 
                that an alien should be released from detention, the 
                Secretary may, in the Secretary's discretion, impose 
                conditions on release in accordance with the 
                regulations prescribed pursuant to paragraph (3).
                    ``(I) Redetention.--The Secretary, without any 
                limitations other than those specified in this section, 
                may detain any alien subject to a final removal order 
                who has previously been released from custody if--
                            ``(i) the alien fails to comply with the 
                        conditions of release;
                            ``(ii) the alien fails to continue to 
                        satisfy the conditions described in 
                        subparagraph (B); or
                            ``(iii) upon reconsideration, the Secretary 
                        determines that the alien can be detained under 
                        subparagraph (E).
                    ``(J) Applicability.--This paragraph and paragraphs 
                (6) and (7) shall apply to any alien returned to 
                custody under subparagraph (I) as if the removal period 
                terminated on the day of the redetention.
                    ``(K) Detention review process for aliens who have 
                effected an entry and fail to cooperate with removal.--
                The Secretary shall detain an alien until the alien 
                makes all reasonable efforts to comply with a removal 
                order and to cooperate fully with the Secretary's 
                efforts, if the alien--
                            ``(i) has effected an entry into the United 
                        States; and
                            ``(ii)(I) and the alien faces a significant 
                        likelihood that the alien will be removed in 
                        the reasonably foreseeable future, or would 
                        have been removed if the alien had not--
                                    ``(aa) failed or refused to make 
                                all reasonable efforts to comply with a 
                                removal order;
                                    ``(bb) failed or refused to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, including 
                                the failure to make timely application 
                                in good faith for travel or other 
                                documents necessary to the alien's 
                                departure; or
                                    ``(cc) conspired or acted to 
                                prevent removal; or
                            ``(II) the Secretary makes a certification 
                        as specified in subparagraph (E), or the 
                        renewal of a certification specified in 
                        subparagraph (G).
                    ``(L) Detention review process for aliens who have 
                not effected an entry.--Except as otherwise provided in 
                this subparagraph, the Secretary shall follow the 
                guidelines established in section 241.4 of title 8, 
                Code of Federal Regulations, when detaining aliens who 
                have not effected an entry. The Secretary may decide to 
                apply the review process outlined in this paragraph.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision made 
        pursuant to paragraph (6), (7), or (8) shall be available 
        exclusively in a habeas corpus proceeding brought in a United 
        States district court and only if the alien has exhausted all 
        administrative remedies (statutory and nonstatutory) available 
        to the alien as of right.''.
            (2) Effective date.--The amendments made by paragraph (1)--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to--
                            (i) any alien subject to a final 
                        administrative removal, deportation, or 
                        exclusion order that was issued before, on, or 
                        after the date of the enactment of this Act; 
                        and
                            (ii) any act or condition occurring or 
                        existing before, on, or after the date of the 
                        enactment of this Act.
    (b) Criminal Detention of Aliens.--Section 3142 of title 18, United 
States Code, is amended--
            (1) in subsection (e)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively;
                    (B) by inserting ``(1)'' before ``If, after a 
                hearing'';
                    (C) in subparagraphs (B) and (C), as redesignated, 
                by striking ``paragraph (1)'' and inserting 
                ``subparagraph (A)''; and
                    (D) by adding after subparagraph (C), as 
                redesignated, the following:
    ``(2) Subject to rebuttal by the person, it shall be presumed that 
no condition or combination of conditions will reasonably assure the 
appearance of the person as required if the judicial officer finds that 
there is probable cause to believe that the person--
            ``(A) is an alien; and
            ``(B)(i) has no lawful immigration status in the United 
        States;
            ``(ii) is the subject of a final order of removal; or
            ``(iii) has committed a felony offense under section 911, 
        922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75 
        or 77 of this title, or section 243, 274, 275, 276, 277, or 278 
        of the Immigration and Nationality Act (8 U.S.C. 1253, 1324, 
        1325, 1326, 2327, and 1328).''; and
            (2) in subsection (g)(3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended--
            (1) by striking ``The term `aggravated felony' means--'' 
        and inserting ``Notwithstanding any other provision of law 
        (except for the provision providing an effective date for 
        section 203 of the Border Security and Immigration Reform Act 
        of 2007), the term `aggravated felony' applies to an offense 
        described in this paragraph, whether in violation of Federal or 
        State law and to such an offense in violation of the law of a 
        foreign country, for which the term of imprisonment was 
        completed within the previous 15 years, even if the length of 
        the term of imprisonment is based on recidivist or other 
        enhancements and regardless of whether the conviction was 
        entered before, on, or after September 30, 1996, and   means--
        '';
            (2) in subparagraph (A), by striking ``murder, rape, or 
        sexual abuse of a minor;'' and inserting ``murder, rape, or 
        sexual abuse of a minor, whether or not the minority of the 
        victim is established by evidence contained in the record of 
        conviction or by evidence extrinsic to the record of 
        conviction;'';
            (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of'';
            (4) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'' and inserting ``section 275 or 
        276 for which the term of imprisonment is at least 1 year'';
            (5) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``aiding or abetting an offense described in this 
        paragraph, or soliciting, counseling, procuring, commanding, or 
        inducing another, attempting, or conspiring to commit such an 
        offense''; and
            (6) by striking the undesignated matter following 
        subparagraph (U).
    (b) Effective Date and Application.--
            (1) In general.--The amendments made by subsection (a) 
        shall--
                    (A) take effect on the date of the enactment of 
                this Act; and
                    (B) apply to any act that occurred on or after the 
                date of the enactment of this Act.
            (2) Application of iiraira amendments.--The amendments to 
        section 101(a)(43) of the Immigration and Nationality Act made 
        by section 321 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 
        110 Stat. 3009-627) shall continue to apply, whether the 
        conviction was entered before, on, or after September 30, 1996.

SEC. 204. TERRORIST BARS.

    (a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C. 
1101(f)) is amended--
            (1) by inserting after paragraph (1) the following:
            ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
        as determined by the Secretary of Homeland Security or Attorney 
        General based upon any relevant information or evidence, 
        including classified, sensitive, or national security 
        information;'';
            (2) in paragraph (8), by striking ``(as defined in 
        subsection (a)(43))'' and inserting the following: ``, 
        regardless of whether the crime was defined as an aggravated 
        felony under subsection (a)(43) at the time of the conviction, 
        unless--
                    ``(A) the person completed the term of imprisonment 
                and sentence not later than 10 years before the date of 
                application; and
                    ``(B) the Secretary of Homeland Security or the 
                Attorney General waives the application of this 
                paragraph; or''; and
            (3) in the undesignated matter following paragraph (9), by 
        striking ``a finding that for other reasons such person is or 
        was not of good moral character'' and inserting the following: 
        ``a discretionary finding for other reasons that such a person 
        is or was not of good moral character. In determining an 
        applicant's moral character, the Secretary of Homeland Security 
        and the Attorney General may take into consideration the 
        applicant's conduct and acts at any time and are not limited to 
        the period during which good moral character is required.''.
    (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is 
amended by adding at the end the following: ``A petition may not be 
approved under this section if there is any administrative or judicial 
proceeding (whether civil or criminal) pending against the petitioner 
that could directly or indirectly result in the petitioner's 
denaturalization or the loss of the petitioner's lawful permanent 
resident status.''.
    (c) Conditional Permanent Resident Status.--
            (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
        amended by inserting ``if the alien has had the conditional 
        basis removed pursuant to this section'' before the period at 
        the end.
            (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
        1186b(e)) is amended by inserting ``if the alien has had the 
        conditional basis removed pursuant to this section'' before the 
        period at the end.
    (d) Judicial Review of Naturalization Applications.--Section 310(c) 
(8 U.S.C. 1421(c)) is amended--
            (1) by inserting ``, not later than 120 days after the 
        Secretary of Homeland Security's final determination,'' after 
        ``may''; and
            (2) by adding at the end the following: ``Except that in 
        any proceeding, other than a proceeding under section 340, the 
        court shall review for substantial evidence the administrative 
        record and findings of the Secretary of Homeland Security 
        regarding whether an alien is a person of good moral character, 
        understands and is attached to the principles of the 
        Constitution of the United States, or is well disposed to the 
        good order and happiness of the United States. The petitioner 
        shall have the burden of showing that the Secretary's denial of 
        the application was contrary to law.''.
    (e) Persons Endangering National Security.--Section 316 (8 U.S.C. 
1427) is amended by adding at the end the following:
    ``(g) Persons Endangering the National Security.--A person may not 
be naturalized if the Secretary of Homeland Security determines, based 
upon any relevant information or evidence, including classified, 
sensitive, or national security information, that the person was once 
an alien described in section 212(a)(3) or 237(a)(4).''.
    (f) Concurrent Naturalization and Removal Proceedings.--Section 318 
(8 U.S.C. 1429) is amended by striking ``the Attorney General if'' and 
all that follows and inserting: ``the Secretary of Homeland Security or 
any court if there is pending against the applicant any removal 
proceeding or other proceeding to determine the applicant's 
inadmissibility or deportability, or to determine whether the 
applicant's lawful permanent resident status should be rescinded, 
regardless of when such proceeding was commenced. The findings of the 
Attorney General in terminating removal proceedings or canceling the 
removal of an alien under this Act shall not be deemed binding in any 
way upon the Secretary of Homeland Security with respect to the 
question of whether such person has established eligibility for 
naturalization in accordance with this title.''.
    (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b)) 
is amended to read as follows:
    ``(b) Request for Hearing Before District Court.--If there is a 
failure to render a final administrative decision under section 335 
before the end of the 180-day period beginning on the date on which the 
Secretary of Homeland Security completes all examinations and 
interviews required under such section, the applicant may apply to the 
district court for the district in which the applicant resides for a 
hearing on the matter. The Secretary shall notify the applicant when 
such examinations and interviews have been completed. Such district 
court shall only have jurisdiction to review the basis for delay and 
remand the matter, with appropriate instructions, to the Secretary for 
the Secretary's determination on the application.''.
    (h) Effective Date.--The amendments made by this section--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall apply to any act that occurred on or after such 
        date of enactment.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, 
              REMOVAL, AND ALIEN SMUGGLING.

    (a) Criminal Street Gangs.--
            (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
        1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (J); and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) Members of criminal street gangs.--Unless the 
                Secretary of Homeland Security or the Attorney General 
                waives the application of this subparagraph, any alien 
                who a consular officer, the Attorney General, or the 
                Secretary of Homeland Security knows or has reason to 
                believe--
                            ``(i) is, or has been, a member of a 
                        criminal street gang (as defined in section 
                        521(a) of title 18, United States Code); or
                            ``(ii) has participated in the activities 
                        of a criminal street gang, knowing or having 
                        reason to know that such activities promoted, 
                        furthered, aided, or supported the illegal 
                        activity of the criminal gang,
                is inadmissible.''.
            (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
        is amended by adding at the end the following:
                    ``(F) Members of criminal street gangs.--Unless the 
                Secretary of Homeland Security or the Attorney General 
                waives the application of this subparagraph, any alien 
                who the Secretary of Homeland Security or the Attorney 
                General knows or has reason to believe--
                            ``(i) is, or at any time after admission 
                        has been, a member of a criminal street gang 
                        (as defined in section 521(a) of title 18, 
                        United States Code); or
                            ``(ii) has participated in the activities 
                        of a criminal street gang, knowing or having 
                        reason to know that such activities promoted, 
                        furthered, aided, or supported the illegal 
                        activity of the criminal gang,
                is deportable.''.
            (3) Temporary protected status.--Section 244 (8 U.S.C. 
        1254a) is amended--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) in subsection (b)(3)--
                            (i) in subparagraph (B), by striking the 
                        last sentence and inserting the following: 
                        ``Notwithstanding any other provision of this 
                        section, the Secretary of Homeland Security 
                        may, for any reason (including national 
                        security), terminate or modify any designation 
                        under this section. Such termination or 
                        modification is effective upon publication in 
                        the Federal Register, or after such time as the 
                        Secretary may designate in the Federal 
                        Register.'';
                            (ii) in subparagraph (C), by striking ``a 
                        period of 12 or 18 months'' and inserting ``any 
                        other period not to exceed 18 months'';
                    (C) in subsection (c)--
                            (i) in paragraph (1)(B), by striking ``The 
                        amount of any such fee shall not exceed $50.'';
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (i), by striking ``, 
                                or'' at the end;
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal 
                        street gang (as defined in section 521(a) of 
                        title 18, United States Code).''; and
                    (D) in subsection (d)--
                            (i) by striking paragraph (3); and
                            (ii) in paragraph (4), by adding at the end 
                        the following: ``The Secretary of Homeland 
                        Security may detain an alien provided temporary 
                        protected status under this section whenever 
                        appropriate under any other provision of 
                        law.''.
    (b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``212(a) or'' after ``section''; and
                    (B) in the matter following subparagraph (D)--
                            (i) by striking ``or imprisoned not more 
                        than four years'' and inserting ``and 
                        imprisoned for not less than 6 months or more 
                        than 5 years''; and
                            (ii) by striking ``, or both'';
            (2) in subsection (b), by striking ``not more than $1000 or 
        imprisoned for not more than one year, or both'' and inserting 
        ``under title 18, United States Code, and imprisoned for not 
        less than 6 months or more than 5 years (or for not more than 
        10 years if the alien is a member of any of the classes 
        described in paragraphs (1)(E), (2), (3), and (4) of section 
        237(a)).''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) Denying Visas to Nationals of Country Denying or Delaying 
Accepting Alien.--The Secretary of Homeland Security, after making a 
determination that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed, and after consultation with the Secretary of State, may 
instruct the Secretary of State to deny a visa to any citizen, subject, 
national, or resident of that country until the country accepts the 
alien that was ordered removed.''.
    (c) Alien Smuggling and Related Offenses.--
            (1) In general.--Section 274 (8 U.S.C. 1324), is amended to 
        read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Except as provided in 
        paragraph (3), a person shall be punished as provided under 
        paragraph (2), if the person--
                    ``(A) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                    ``(B) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                    ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 1 
                country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or legal 
                authority;
                    ``(D) encourages or induces a person to reside in 
                the United States, knowing or in reckless disregard of 
                the fact that such person is an alien who lacks lawful 
                authority to reside in the United States;
                    ``(E) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, if the 
                transportation or movement will further the alien's 
                illegal entry into or illegal presence in the United 
                States;
                    ``(F) harbors, conceals, or shields from detection 
                a person in the United States, knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States; or
                    ``(G) conspires or attempts to commit any of the 
                acts described in subparagraphs (A) through (F).
            ``(2) Criminal penalties.--A person who violates any 
        provision under paragraph (1)--
                    ``(A) except as provided in subparagraphs (C) 
                through (G), if the offense was not committed for 
                commercial advantage, profit, or private financial 
                gain, shall be fined under title 18, United States 
                Code, imprisoned for not more than 5 years, or both;
                    ``(B) except as provided in subparagraphs (C) 
                through (G), if the offense was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) if the violation is the offender's 
                        first violation under this subparagraph, shall 
                        be fined under such title, imprisoned for not 
                        more than 20 years, or both; or
                            ``(ii) if the violation is the offender's 
                        second or subsequent violation of this 
                        subparagraph, shall be fined under such title, 
                        imprisoned for not less than 3 years or more 
                        than 20 years, or both;
                    ``(C) if the offense furthered or aided the 
                commission of any other offense against the United 
                States or any State that is punishable by imprisonment 
                for more than 1 year, shall be fined under such title, 
                imprisoned for not less than 5 years or more than 20 
                years, or both;
                    ``(D) shall be fined under such title, imprisoned 
                not less than 5 years or more than 20 years, or both, 
                if the offense created a substantial and foreseeable 
                risk of death, a substantial and foreseeable risk of 
                serious bodily injury (as defined in section 2119(2) of 
                title 18, United States Code), or inhumane conditions 
                to another person, including--
                            ``(i) transporting the person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting the person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting the person in, 
                        harboring the person in, or otherwise 
                        subjecting the person to crowded or dangerous 
                        conditions;
                    ``(E) if the offense caused serious bodily injury 
                (as defined in section 2119(2) of title 18, United 
                States Code) to any person, shall be fined under such 
                title, imprisoned for not less than 7 years or more 
                than 30 years, or both;
                    ``(F) shall be fined under such title and 
                imprisoned for not less than 10 years or more than 30 
                years if the offense involved an alien who the offender 
                knew or had reason to believe was--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in terrorist 
                        activity;
                    ``(G) if the offense caused or resulted in the 
                death of any person, shall be punished by death or 
                imprisoned for a term of years not less than 10 years 
                and up to life, and fined under title 18, United States 
                Code.
            ``(3) Limitation.--It is not a violation of subparagraph 
        (D), (E), or (F) of paragraph (1)--
                    ``(A) for a religious denomination having a bona 
                fide nonprofit, religious organization in the United 
                States, or the agents or officers of such denomination 
                or organization, to encourage, invite, call, allow, or 
                enable an alien who is present in the United States to 
                perform the vocation of a minister or missionary for 
                the denomination or organization in the United States 
                as a volunteer who is not compensated as an employee, 
                notwithstanding the provision of room, board, travel, 
                medical assistance, and other basic living expenses, 
                provided the minister or missionary has been a member 
                of the denomination for at least 1 year; or
                    ``(B) for an individual or organization, not 
                previously convicted of a violation of this section, to 
                provide an alien who is present in the United States 
                with humanitarian assistance, including medical care, 
                housing, counseling, victim services, and food, or to 
                transport the alien to a location where such assistance 
                can be rendered.
            ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) Criminal offense and penalties.--Any person who, 
        during any 12-month period, knowingly employs 10 or more 
        individuals with actual knowledge or in reckless disregard of 
        the fact that the individuals are aliens described in paragraph 
        (2), shall be fined under title 18, United States Code, 
        imprisoned for not more than 10 years, or both.
            ``(2) Definition.--An alien described in this paragraph is 
        an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A);
                    ``(B) is present in the United States without 
                lawful authority; and
                    ``(C) has been brought into the United States in 
                violation of this subsection.
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, except that such duties as are imposed upon the 
        Secretary of the Treasury under the customs laws described in 
        section 981(d) shall be performed by such officers, agents, and 
        other persons as may be designated for that purpose by the 
        Secretary of Homeland Security.
            ``(3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of subsection 
        (a) has occurred, prima facie evidence that an alien involved 
        in the alleged violation lacks lawful authority to come to, 
        enter, reside in, remain in, or be in the United States or that 
        such alien had come to, entered, resided in, remained in, or 
        been present in the United States in violation of law shall 
        include--
                    ``(A) any order, finding, or determination 
                concerning the alien's status or lack of status made by 
                a Federal judge or administrative adjudicator 
                (including an immigration judge or immigration officer) 
                during any judicial or administrative proceeding 
                authorized under Federal immigration law;
                    ``(B) official records of the Department of 
                Homeland Security, the Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack of status; and
                    ``(C) testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack of status.
    ``(d) Authority To Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except--
            ``(1) officers and employees designated by the Secretary of 
        Homeland Security, either individually or as a member of a 
        class; and
            ``(2) other officers responsible for the enforcement of 
        Federal criminal laws.
    ``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the 
videotaped or otherwise audiovisually preserved deposition of a witness 
to a violation of subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise unavailable to 
testify, may be admitted into evidence in an action brought for that 
violation if--
            ``(1) the witness was available for cross examination at 
        the deposition by the party, if any, opposing admission of the 
        testimony; and
            ``(2) the deposition otherwise complies with the Federal 
        Rules of Evidence.
    ``(f) Outreach Program.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        consultation with the Attorney General and the Secretary of 
        State, as appropriate, shall--
                    ``(A) develop and implement an outreach program to 
                educate people in and out of the United States about 
                the penalties for bringing in and harboring aliens in 
                violation of this section; and
                    ``(B) establish the American Local and Interior 
                Enforcement Needs (ALIEN) Task Force to identify and 
                respond to the use of Federal, State, and local 
                transportation infrastructure to further the 
                trafficking of unlawful aliens within the United 
                States.
            ``(2) Field offices.--The Secretary of Homeland Security, 
        after consulting with State and local government officials, 
        shall establish such field offices as may be necessary to carry 
        out this subsection.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums are necessary for the 
        fiscal years 2008 through 2012 to carry out this subsection.
    ``(g) Definitions.--In this section:
            ``(1) Crossed the border into the united states.--An alien 
        is deemed to have crossed the border into the United States 
        regardless of whether the alien is free from official 
        restraint.
            ``(2) Lawful authority.--The term `lawful authority' means 
        permission, authorization, or license that is expressly 
        provided for in the immigration laws of the United States or 
        accompanying regulations. The term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, reside in, 
        remain in, or be in the United States if such coming to, entry, 
        residence, remaining, or presence was, is, or would be in 
        violation of law.
            ``(3) Proceeds.--The term `proceeds' includes any property 
        or interest in property obtained or retained as a consequence 
        of an act or omission in violation of this section.
            ``(4) Unlawful transit.--The term `unlawful transit' means 
        travel, movement, or temporary presence that violates the laws 
        of any country in which the alien is present or any country 
        from which the alien is traveling or moving.''.
            (2) Clerical amendment.--The table of contents is amended 
        by striking the item relating to section 274 and inserting the 
        following:

``Sec. 274. Alien smuggling and related offenses.''.
    (d) Prohibiting Carrying or Using a Firearm During and in Relation 
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``any crime of violence'';
                    (B) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``such crime of violence''; 
                and
                    (C) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
            (2) by adding at the end the following:
    ``(6) For purposes of this subsection, the term `alien smuggling 
crime' means any felony punishable under section 274(a), 277, or 278 of 
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 
1328).''.

SEC. 206. ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as 
follows:

``SEC. 275. ILLEGAL ENTRY.

    ``(a) In General.--
            ``(1) Criminal offenses.--An alien shall be subject to the 
        penalties set forth in paragraph (2) if the alien--
                    ``(A) knowingly enters or crosses the border into 
                the United States at any time or place other than as 
                designated by the Secretary of Homeland Security;
                    ``(B) knowingly eludes examination or inspection by 
                an immigration officer (including failing to stop at 
                the command of such officer), or a customs or 
                agriculture inspection at a port of entry; or
                    ``(C) knowingly enters or crosses the border to the 
                United States by means of a knowingly false or 
                misleading representation or the knowing concealment of 
                a material fact (including such representation or 
                concealment in the context of arrival, reporting, 
                entry, or clearance requirements of the customs laws, 
                immigration laws, agriculture laws, or shipping laws).
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 6 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 2 years, or 
                both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors or for a 
                felony, shall be fined under such title, imprisoned not 
                more than 10 years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 30 months, 
                shall be fined under such title, imprisoned not more 
                than 15 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 60 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 20 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (2) are elements 
        of the offenses described in that paragraph and the penalties 
        in such subparagraphs shall apply only in cases in which the 
        conviction or convictions that form the basis for the 
        additional penalty are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant.
            ``(4) Duration of offense.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration officer.
            ``(5) Attempt.--Whoever attempts to commit any offense 
        under this section shall be punished in the same manner as for 
        a completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--
            ``(1) In general.--Any alien who is apprehended while 
        entering, attempting to enter, or knowingly crossing or 
        attempting to cross the border to the United States at a time 
        or place other than as designated by immigration officers shall 
        be subject to a civil penalty, in addition to any criminal or 
        other civil penalties that may be imposed under any other 
        provision of law, in an amount equal to--
                    ``(A) not less than $50 or more than $250 for each 
                such entry, crossing, attempted entry, or attempted 
                crossing; or
                    ``(B) twice the amount specified in paragraph (1) 
                if the alien had previously been subject to a civil 
                penalty under this subsection.
            ``(2) Crossed the border defined.--In this section, an 
        alien is deemed to have crossed the border if the act was 
        voluntary, regardless of whether the alien was under 
        observation at the time of the crossing.''.
    (b) Clerical Amendment.--The table of contents is amended by 
striking the item relating to section 275 and inserting the following:

``Sec. 275. Illegal entry.''.

SEC. 207. ILLEGAL REENTRY.

    Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIENS.

    ``(a) Reentry After Removal.--Any alien who has been denied 
admission, excluded, deported, or removed, or who has departed the 
United States while an order of exclusion, deportation, or removal is 
outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
imprisoned not more than 2 years, or both.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection--
            ``(1) was convicted for 3 or more misdemeanors or a felony 
        before such removal or departure, the alien shall be fined 
        under title 18, United States Code, imprisoned not more than 10 
        years, or both;
            ``(2) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 30 months, the alien shall be 
        fined under such title, imprisoned not more than 15 years, or 
        both;
            ``(3) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 60 months, the alien shall be 
        fined under such title, imprisoned not more than 20 years, or 
        both;
            ``(4) was convicted for 3 felonies before such removal or 
        departure, the alien shall be fined under such title, 
        imprisoned not more than 20 years, or both; or
            ``(5) was convicted, before such removal or departure, for 
        murder, rape, kidnaping, or a felony offense described in 
        chapter 77 (relating to peonage and slavery) or 113B (relating 
        to terrorism) of such title, the alien shall be fined under 
        such title, imprisoned not more than 20 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described in that 
subsection, and the penalties in that subsection shall apply only in 
cases in which the conviction or convictions that form the basis for 
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of any prior removal order concerning the alien 
unless the alien demonstrates by clear and convincing evidence that--
            ``(1) the alien exhausted all administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the removal proceedings at which the order was issued 
        improperly deprived the alien of the opportunity for judicial 
        review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Limitation.--It is not aiding and abetting a violation of 
this section for an individual to provide an alien with emergency 
humanitarian assistance, including emergency medical care and food, or 
to transport the alien to a location where such assistance can be 
rendered without compensation or the expectation of compensation.
    ``(i) Definitions.--In this section:
            ``(1) Crosses the border.--The term `crosses the border' 
        applies if an alien acts voluntarily, regardless of whether the 
        alien was under observation at the time of the crossing.
            ``(2) Felony.--Term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(3) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(4) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(5) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    (a) Passport, Visa, and Immigration Fraud.--
            (1) In general.--Chapter 75 of title 18, United States 
        Code, is amended to read as follows:

          ``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.
``Sec. 1541. Trafficking in passports
    ``(a) Multiple Passports.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more applications for a United States passport 
        (including any supporting documentation), knowing the 
        applications to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Passport Materials.--Any person who knowingly and without 
lawful authority produces, counterfeits, secures, possesses, or uses 
any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material used to make a passport shall be 
fined under this title, imprisoned not more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
    ``Any person who knowingly--
            ``(1) makes any false statement or representation in an 
        application for a United States passport (including any 
        supporting documentation);
            ``(2) completes, mails, prepares, presents, signs, or 
        submits an application for a United States passport (including 
        any supporting documentation) knowing the application to 
        contain any false statement or representation; or
            ``(3) causes or attempts to cause the production of a 
        passport at a facility authorized by the Secretary of State for 
        the production of passports by means of any fraud or false 
        application for a United States passport (including any 
        supporting documentation),
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1543. Forgery and unlawful production of a passport
    ``(a) Forgery.--Any person who--
            ``(1) knowingly forges, counterfeits, alters, or falsely 
        makes any passport; or
            ``(2) knowingly transfers any passport knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, or to 
        have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Unlawful Production.--Any person who knowingly and without 
lawful authority--
            ``(1) produces, issues, authorizes, or verifies a passport 
        in violation of the laws, regulations, or rules governing the 
        issuance of the passport;
            ``(2) produces, issues, authorizes, or verifies a United 
        States passport for or to any person not owing allegiance to 
        the United States; or
            ``(3) transfers or furnishes a passport to a person for use 
        when such person is not the person for whom the passport was 
        issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1544. Misuse of a passport
    ``(a) In General.--Any person who knowingly--
            ``(1) uses any passport issued or designed for the use of 
        another;
            ``(2) uses any passport in violation of the conditions or 
        restrictions therein contained, or in violation of the laws, 
        regulations, or rules governing the issuance and use of the 
        passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) violates the terms and conditions of any safe conduct 
        duly obtained and issued under the authority of the United 
        States,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Entry; Fraud.--Any person who knowingly uses any passport, 
knowing the passport to be forged, counterfeited, altered, falsely 
made, procured by fraud, produced or issued without lawful authority, 
or issued or designed for the use of another--
            ``(1) to enter or to attempt to enter the United States; or
            ``(2) to defraud the United States, a State, or a political 
        subdivision of a State,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1545. Schemes to defraud aliens
    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under Federal immigration laws or any matter the offender claims or 
represents is authorized by or arises under Federal immigration laws, 
to--
            ``(1) defraud any person, or
            ``(2) obtain or receive money or anything else of value 
        from any person, by means of false or fraudulent pretenses, 
        representations, promises,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents that such person is an attorney in any matter arising under 
Federal immigration laws shall be fined under this title, imprisoned 
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
    ``(a) In General.--Any person who knowingly--
            ``(1) uses any immigration document issued or designed for 
        the use of another;
            ``(2) forges, counterfeits, alters, or falsely makes any 
        immigration document;
            ``(3) completes, mails, prepares, presents, signs, or 
        submits any immigration document knowing it to contain any 
        materially false statement or representation;
            ``(4) secures, possesses, uses, transfers, receives, buys, 
        sells, or distributes any immigration document knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority;
            ``(5) adopts or uses a false or fictitious name to evade or 
        to attempt to evade the immigration laws; or
            ``(6) transfers or furnishes an immigration document to a 
        person without lawful authority for use if such person is not 
        the person for whom the immigration document was issued or 
        designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Multiple Violations.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        10 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, counterfeits, secures, possesses, or 
uses any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material, used to make an immigration 
document shall be fined under this title, imprisoned not more than 20 
years, or both.
``Sec. 1547. Marriage fraud
    ``(a) Evasion or Misrepresentation.--Any person who--
            ``(1) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(2) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(A) in an application or document authorized by 
                the immigration laws; or
                    ``(B) during any immigration proceeding conducted 
                by an administrative adjudicator (including an 
                immigration officer or examiner, a consular officer, an 
                immigration judge, or a member of the Board of 
                Immigration Appeals),
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(b) Multiple Marriages.--Any person who--
            ``(1) knowingly enters into 2 or more marriages for the 
        purpose of evading any immigration law; or
            ``(2) knowingly arranges, supports, or facilitates 2 or 
        more marriages designed or intended to evade any immigration 
        law,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Commercial Enterprise.--Any person who knowingly establishes 
a commercial enterprise for the purpose of evading any provision of the 
immigration laws shall be fined under this title, imprisoned for not 
more than 10 years, or both.
    ``(d) Duration of Offense.--
            ``(1) In general.--An offense under subsection (a) or (b) 
        continues until the fraudulent nature of the marriage or 
        marriages is discovered by an immigration officer.
            ``(2) Commercial enterprise.--An offense under subsection 
        (c) continues until the fraudulent nature of commercial 
        enterprise is discovered by an immigration officer or other law 
        enforcement officer.
``Sec. 1548. Attempts and conspiracies
    ``Any person who attempts or conspires to violate any section of 
this chapter shall be punished in the same manner as a person who 
completed a violation of that section.
``Sec. 1549. Alternative penalties for certain offenses
    ``(a) Terrorism.--Any person who violates any section of this 
chapter--
            ``(1) knowing that such violation will facilitate an act of 
        international terrorism or domestic terrorism (as those terms 
        are defined in section 2331); or
            ``(2) with the intent to facilitate an act of international 
        terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or 
both.
    ``(b) Offense Against Government.--Any person who violates any 
section of this chapter--
            ``(1) knowing that such violation will facilitate the 
        commission of any offense against the United States (other than 
        an offense in this chapter) or against any State, which offense 
        is punishable by imprisonment for more than 1 year; or
            ``(2) with the intent to facilitate the commission of any 
        offense against the United States (other than an offense in 
        this chapter) or against any State, which offense is punishable 
        by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
``Sec. 1550. Seizure and forfeiture
    ``(a) Forfeiture.--Any property, real or personal, used to commit 
or facilitate the commission of a violation of any section of this 
chapter, the gross proceeds of such violation, and any property 
traceable to such property or proceeds, shall be subject to forfeiture.
    ``(b) Applicable Law.--Seizures and forfeitures under this section 
shall be governed by the provisions of chapter 46 relating to civil 
forfeitures, except that such duties as are imposed upon the Secretary 
of the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons as may 
be designated for that purpose by the Secretary of Homeland Security, 
the Secretary of State, or the Attorney General.
``Sec. 1551. Additional jurisdiction
    ``(a) In General.--Any person who commits an offense under this 
chapter within the special maritime and territorial jurisdiction of the 
United States shall be punished as provided under this chapter.
    ``(b) Extraterritorial Jurisdiction.--Any person who commits an 
offense under this chapter outside the United States shall be punished 
as provided under this chapter if--
            ``(1) the offense involves a United States immigration 
        document (or any document purporting to be such a document) or 
        any matter, right, or benefit arising under or authorized by 
        Federal immigration laws;
            ``(2) the offense is in or affects foreign commerce;
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of Federal 
        immigration laws, or the national security of the United 
        States;
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331) or a drug 
        trafficking crime (as defined in section 929(a)(2)) that 
        affects or would affect the national security of the United 
        States;
            ``(5) the offender is a national of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of such Act); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.
``Sec. 1552. Additional venue
    ``(a) In General.--An offense under section 1542 may be 
prosecuted--
            ``(1) in any district in which the false statement or 
        representation was made;
            ``(2) in any district in which the passport application was 
        prepared, submitted, mailed, received, processed, or 
        adjudicated; or
            ``(3) in the case of an application prepared and 
        adjudicated outside the United States, in the district in which 
        the resultant passport was produced.
    ``(b) Savings Clause.--Nothing in this section limits the venue 
otherwise available under sections 3237 and 3238.
``Sec. 1553. Definitions
    ``As used in this chapter:
            ``(1) The term `falsely make' means to prepare or complete 
        an immigration document with knowledge or in reckless disregard 
        of the fact that the document--
                    ``(A) contains a statement or representation that 
                is false, fictitious, or fraudulent;
                    ``(B) has no basis in fact or law; or
                    ``(C) otherwise fails to state a fact which is 
                material to the purpose for which the document was 
                created, designed, or submitted.
            ``(2) The term `false statement or representation' includes 
        a personation or an omission.
            ``(3) The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(4) The term `immigration document'--
                    ``(A) means--
                            ``(i) any passport or visa; or
                            ``(ii) any application, petition, 
                        affidavit, declaration, attestation, form, 
                        identification card, alien registration 
                        document, employment authorization document, 
                        border crossing card, certificate, permit, 
                        order, license, stamp, authorization, grant of 
                        authority, or other evidentiary document, 
                        arising under or authorized by the immigration 
                        laws of the United States; and
                    ``(B) includes any document, photograph, or other 
                piece of evidence attached to or submitted in support 
                of an immigration document.
            ``(5) The term `immigration laws' includes--
                    ``(A) the laws described in section 101(a)(17) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(17));
                    ``(B) the laws relating to the issuance and use of 
                passports; and
                    ``(C) the regulations prescribed under the 
                authority of any law described in subparagraph (A) or 
                (B).
            ``(6) The term `immigration proceeding' includes an 
        adjudication, interview, hearing, or review.
            ``(7) A person does not exercise `lawful authority' if the 
        person abuses or improperly exercises lawful authority the 
        person otherwise holds.
            ``(8) The term `passport' means a travel document attesting 
        to the identity and nationality of the bearer that is issued 
        under the authority of the Secretary of State, a foreign 
        government, or an international organization; or any instrument 
        purporting to be the same.
            ``(9) The term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter.
            ``(10) The term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.
``Sec. 1554. Authorized law enforcement activities
    ``Nothing in this chapter shall prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or an intelligence agency of the United States, 
or any activity authorized under title V of the Organized Crime Control 
Act of 1970 (84 Stat. 933).
``Sec. 1555. Exception for refugees, asylees, and other vulnerable 
              persons
    ``(a) In General.--If a person believed to have violated section 
1542, 1544, 1546, or 1548 while attempting to enter the United States, 
without delay, indicates an intention to apply for asylum under section 
208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158 
and 1231), or for relief under the Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with 
section 208.17 of title 8, Code of Federal Regulations), or under 
section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 
216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31, 
1997) of such Act, or a credible fear of persecution or torture--
            ``(1) the person shall be referred to an appropriate 
        Federal immigration official to review such claim and make a 
        determination if such claim is warranted;
            ``(2) if the Federal immigration official determines that 
        the person qualifies for the claimed relief, the person shall 
        not be considered to have violated any such section; and
            ``(3) if the Federal immigration official determines that 
        the person does not qualify for the claimed relief, the person 
        shall be referred to an appropriate Federal official for 
        prosecution under this chapter.
    ``(b) Savings Provision.--Nothing in this section shall be 
construed to diminish, increase, or alter the obligations of refugees 
or the United States under article 31(1) of the Convention Relating to 
the Status of Refugees, done at Geneva July 28, 1951 (as made 
applicable by the Protocol Relating to the Status of Refugees, done at 
New York January 31, 1967 (19 UST 6223)).''.
            (2) Clerical amendment.--The table of chapters in title 18, 
        United States Code, is amended by striking the item relating to 
        chapter 75 and inserting the following:
``75. Passport, visa, and immigration fraud.................    1541''.
    (b) Protection for Legitimate Refugees and Asylum Seekers.--Section 
208 (8 U.S.C. 1158) is amended by adding at the end the following:
    ``(e) Protection for Legitimate Refugees and Asylum Seekers.--The 
Attorney General, in consultation with the Secretary of Homeland 
Security, shall develop binding prosecution guidelines for Federal 
prosecutors to ensure that any prosecution of an alien seeking entry 
into the United States by fraud is consistent with the written terms 
and limitations of Article 31(1) of the Convention Relating to the 
Status of Refugees, done at Geneva July 28, 1951 (as made applicable by 
the Protocol Relating to the Status of Refugees, done at New York 
January 31, 1967 (19 UST 6223)).''.

SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION 
              FRAUD OFFENSES.

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--
            (1) in subclause (I), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in subclause (II), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after subclause (II) the following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                provision of chapter 75 of title 18, 
                                United States Code,''.
    (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C. 
1227(a)(3)(B)(iii)) is amended to read as follows:
                            ``(iii) of a violation of any provision of 
                        chapter 75 of title 18, United States Code,''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to proceedings pending on or after the date of the 
enactment of this Act, with respect to conduct occurring on or after 
that date.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary shall continue to operate 
        the Institutional Removal Program (referred to in this section 
        as the ``Program'') or shall develop and implement another 
        program to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--The Secretary may extend the scope of the 
        Program to all States.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State may--
            (1) hold an illegal alien for a period not to exceed 14 
        days after the completion of the alien's State prison sentence 
        to effectuate the transfer of the alien to Federal custody if 
        the alien is removable or not lawfully present in the United 
        States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until authorized employees of the Bureau of Immigration 
        and Customs Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology, such as videoconferencing, shall 
be used to the maximum extent practicable to make the Program available 
in remote locations. Mobile access to Federal databases of aliens, such 
as IDENT, and live scan technology shall be used to the maximum extent 
practicable to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act, and annually thereafter, the Secretary shall 
submit a report to Congress on the participation of States in the 
Program and in any other program authorized under subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary in each of the fiscal years 
2008 through 2012 to carry out the Program.

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Instead of removal proceedings.--If an alien is not 
        described in paragraph (2)(A)(iii) or (4) of section 237(a), 
        the Secretary of Homeland Security may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection instead of being subject to proceedings 
        under section 240.'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by adding after paragraph (1) the following:
            ``(2) Before the conclusion of removal proceedings.--If an 
        alien is not described in paragraph (2)(A)(iii) or (4) of 
        section 237(a), the Attorney General may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection after the initiation of removal 
        proceedings under section 240 and before the conclusion of such 
        proceedings before an immigration judge.'';
                    (E) in paragraph (3), as redesignated--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Instead of removal.--Subject to subparagraph 
                (C), permission to voluntarily depart under paragraph 
                (1) shall not be valid for any period in excess of 120 
                days. The Secretary may require an alien permitted to 
                voluntarily depart under paragraph (1) to post a 
                voluntary departure bond, to be surrendered upon proof 
                that the alien has departed the United States within 
                the time specified.'';
                            (ii) by redesignating subparagraphs (B), 
                        (C), and (D) as paragraphs (C), (D), and (E), 
                        respectively;
                            (iii) by adding after subparagraph (A) the 
                        following:
                    ``(B) Before the conclusion of removal 
                proceedings.--Permission to voluntarily depart under 
                paragraph (2) shall not be valid for any period in 
                excess of 60 days, and may be granted only after a 
                finding that the alien has the means to depart the 
                United States and intends to do so. An alien permitted 
                to voluntarily depart under paragraph (2) shall post a 
                voluntary departure bond, in an amount necessary to 
                ensure that the alien will depart, to be surrendered 
                upon proof that the alien has departed the United 
                States within the time specified. An immigration judge 
                may waive the requirement to post a voluntary departure 
                bond in individual cases upon a finding that the alien 
                has presented compelling evidence that the posting of a 
                bond will pose a serious financial hardship and the 
                alien has presented credible evidence that such a bond 
                is unnecessary to guarantee timely departure.'';
                            (iv) in subparagraph (C), as redesignated, 
                        by striking ``subparagraphs (C) and(D)(ii)'' 
                        and inserting ``subparagraphs (D) and 
                        (E)(ii)'';
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                            (vi) in subparagraph (E), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                    (F) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)'';
            (2) in subsection (b)(2), by striking ``a period exceeding 
        60 days'' and inserting ``any period in excess of 45 days'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        may only be granted as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security may agree to a reduction in 
        the period of inadmissibility under subparagraph (A) or (B)(i) 
        of section 212(a)(9).
            ``(3) Advisals.--Agreements relating to voluntary departure 
        granted during removal proceedings under section 240, or at the 
        conclusion of such proceedings, shall be presented on the 
        record before the immigration judge. The immigration judge 
        shall advise the alien of the consequences of a voluntary 
        departure agreement before accepting such agreement.
            ``(4) Failure to comply with agreement.--
                    ``(A) In general.--If an alien agrees to voluntary 
                departure under this section and fails to depart the 
                United States within the time allowed for voluntary 
                departure or fails to comply with any other terms of 
                the agreement (including failure to timely post any 
                required bond), the alien is--
                            ``(i) ineligible for the benefits of the 
                        agreement;
                            ``(ii) subject to the penalties described 
                        in subsection (d); and
                            ``(iii) subject to an alternate order of 
                        removal if voluntary departure was granted 
                        under subsection (a)(2) or (b).
                    ``(B) Effect of filing timely appeal.--If, after 
                agreeing to voluntary departure, the alien files a 
                timely appeal of the immigration judge's decision 
                granting voluntary departure, the alien may pursue the 
                appeal instead of the voluntary departure agreement. 
                Such appeal operates to void the alien's voluntary 
                departure agreement and the consequences of such 
                agreement, but precludes the alien from another grant 
                of voluntary departure while the alien remains in the 
                United States.
            ``(5) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary in writing in the exercise 
        of the Secretary's discretion before the expiration of the 
        period allowed for voluntary departure, no motion, appeal, 
        application, petition, or petition for review shall affect, 
        reinstate, enjoin, delay, stay, or toll the alien's obligation 
        to depart from the United States during the period agreed to by 
        the alien and the Secretary.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
voluntarily depart under this section and fails to voluntarily depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the alien will 
be subject to the following penalties:
            ``(1) Civil penalty.--The alien shall be liable for a civil 
        penalty of $3,000. The order allowing voluntary departure shall 
        specify the amount of the penalty, which shall be acknowledged 
        by the alien on the record. If the Secretary thereafter 
        establishes that the alien failed to depart voluntarily within 
        the time allowed, no further procedure will be necessary to 
        establish the amount of the penalty, and the Secretary may 
        collect the civil penalty at any time thereafter and by 
        whatever means provided by law. An alien will be ineligible for 
        any benefits under this chapter until this civil penalty is 
        paid.
            ``(2) Ineligibility for relief.--The alien shall be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249. The order permitting the alien to depart 
        voluntarily shall inform the alien of the penalties under this 
        subsection.
            ``(3) Reopening.--The alien shall be ineligible to reopen 
        the final order of removal that took effect upon the alien's 
        failure to depart, or upon the alien's other violations of the 
        conditions for voluntary departure, during the period described 
        in paragraph (2). This paragraph does not preclude a motion to 
        reopen to seek withholding of removal under section 241(b)(3) 
        or protection against torture, if the motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the order granting 
                voluntary departure in the country to which the alien 
                would be removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.
            ``(5) by amending subsection (e) to read as follows:'';
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to voluntarily depart under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Rulemaking.--The Secretary may promulgate regulations 
        to limit eligibility or impose additional conditions for 
        voluntary departure under subsection (a)(1) for any class of 
        aliens. The Secretary or Attorney General may by regulation 
        limit eligibility or impose additional conditions for voluntary 
        departure under subsections (a)(2) or (b) of this section for 
        any class or classes of aliens.''; and
            (6) in subsection (f), by adding at the end the following: 
        ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
        1361, 1651, and 2241 of title 28, United States Code, any other 
        habeas corpus provision, and any other provision of law 
        (statutory or nonstatutory), no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (b) Rulemaking.--The Secretary shall promulgate regulations to 
provide for the imposition and collection of penalties for failure to 
depart under section 240B(d) of the Immigration and Nationality Act (8 
U.S.C. 1229c(d)).
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the enactment of this 
        Act.
            (2) Exception.--The amendment made by subsection (a)(6) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        filed on or after such date.

SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY.

    (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
1182(a)(9)(A)) is amended--
            (1) in clause (i), by striking ``seeks admission within 5 
        years of the date of such removal (or within 20 years'' and 
        inserting ``seeks admission not later than 5 years after the 
        date of the alien's removal (or not later than 20 years after 
        the alien's removal''; and
            (2) in clause (ii), by striking ``seeks admission within 10 
        years of the date of such alien's departure or removal (or 
        within 20 years of'' and inserting ``seeks admission not later 
        than 10 years after the date of the alien's departure or 
        removal (or not later than 20 years after''.
    (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is 
amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Unless a timely motion to reopen is 
        granted under section 240(c)(6), an alien described in 
        subsection (a) shall be ineligible for any discretionary relief 
        from removal (including cancellation of removal and adjustment 
        of status) during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        from the United States.
            ``(2) Savings provision.--Nothing in paragraph (1) shall 
        preclude a motion to reopen to seek withholding of removal 
        under section 241(b)(3) or protection against torture, if the 
        motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the final order of 
                removal in the country to which the alien would be 
                removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.''.
    (c) Effective Dates.--The amendments made by this section shall 
take effect on the date of the enactment of this Act with respect to 
aliens who are subject to a final order of removal entered on or after 
such date.

SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF, 
              FIREARMS BY CERTAIN ALIENS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)(5)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking ``(y)(2)'' and 
                all that follows and inserting ``(y), is in a 
                nonimmigrant classification; or''; and
                    (C) by adding at the end the following:
                    ``(C) has been paroled into the United States under 
                section 212(d)(5) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(d)(5));'';
            (2) in subsection (g)(5)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking ``(y)(2)'' and 
                all that follows and inserting ``(y), is in a 
                nonimmigrant classification; or''; and
                    (C) by adding at the end the following:
                    ``(C) has been paroled into the United States under 
                section 212(d)(5) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(d)(5));''; and
            (3) in subsection (y)--
                    (A) in the header, by striking ``admitted under 
                nonimmigrant visas'' and inserting ``in a nonimmigrant 
                classification'';
                    (B) in paragraph (1), by amending subparagraph (B) 
                to read as follows:
                    ``(B) the term `nonimmigrant classification' 
                includes all classes of nonimmigrant aliens described 
                in section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise 
                described in the immigration laws (as defined in 
                section 101(a)(17) of such Act).'';
                    (C) in paragraph (2), by striking ``has been 
                lawfully admitted to the United States under a 
                nonimmigrant visa'' and inserting ``is in a 
                nonimmigrant classification''; and
                    (D) in paragraph (3)(A), by striking ``Any 
                individual who has been admitted to the United States 
                under a nonimmigrant visa may receive a waiver from the 
                requirements of subsection (g)(5)'' and inserting ``Any 
                alien in a nonimmigrant classification may receive a 
                waiver from the requirements of subsection (g)(5)(B)''.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              NATURALIZATION, AND PEONAGE OFFENSES.

    (a) In General.--Section 3291 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3291. Immigration, naturalization, and peonage offenses
    ``No person shall be prosecuted, tried, or punished for a violation 
of any section of chapters 69 (relating to nationality and citizenship 
offenses), 75 (relating to passport, visa, and immigration offenses), 
or 77 (relating to peonage, slavery, and trafficking in persons), for 
an attempt or conspiracy to violate any such section, for a violation 
of any criminal provision under section 243, 266, 274, 275, 276, 277, 
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 
1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to 
violate any such section, unless the indictment is returned or the 
information filed not later than 10 years after the commission of the 
offense.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by striking the item relating 
to section 3291 and inserting the following:

``3291. Immigration, naturalization, and peonage offenses.''.

SEC. 215. DIPLOMATIC SECURITY SERVICE.

    Section 37(a)(1) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:
            ``(1) conduct investigations concerning--
                    ``(A) illegal passport or visa issuance or use;
                    ``(B) identity theft or document fraud affecting or 
                relating to the programs, functions, and authorities of 
                the Department of State;
                    ``(C) violations of chapter 77 of title 18, United 
                States Code; and
                    ``(D) Federal offenses committed within the special 
                maritime and territorial jurisdiction of the United 
                States (as defined in section 7(9) of title 18, United 
                States Code);''.

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

    (a) In General.--Section 103 (8 U.S.C. 1103) is amended--
            (1) by amending subsection (f) to read as follows:
    ``(f) Minimum Number of Agents in States.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        allocate to each State--
                    ``(A) not fewer than 40 full-time active duty 
                agents of the Bureau of Immigration and Customs 
                Enforcement to--
                            ``(i) investigate immigration violations; 
                        and
                            ``(ii) ensure the departure of all 
                        removable aliens; and
                    ``(B) not fewer than 15 full-time active duty 
                agents of the Bureau of Citizenship and Immigration 
                Services to carry out immigration and naturalization 
                adjudication functions.
            ``(2) Waiver.--The Secretary may waive the application of 
        paragraph (1) for any State with a population of less than 
        2,000,000, as most recently reported by the Bureau of the 
        Census''; and
            (2) by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, appropriate 
background and security checks, as determined by the Secretary of 
Homeland Security, shall be completed and assessed and any suspected or 
alleged fraud relating to the granting of any status (including the 
granting of adjustment of status), relief, protection from removal, or 
other benefit under this Act shall be investigated and resolved before 
the Secretary or the Attorney General may--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of the Federal Bureau of Investigations 
$3,125,000 for each of fiscal years 2008 through 2012 for improving the 
speed and accuracy of background and security checks conducted by the 
Federal Bureau of Investigations on behalf of the Bureau of Citizenship 
and Immigrations Services.
    (d) Report on Background and Security Checks.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Federal Bureau 
        of Investigations shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report on the background and 
        security checks conducted by the Federal Bureau of 
        Investigations on behalf of the Bureau of Citizenship and 
        Immigrations Services
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) a description of the background and security 
                check program;
                    (B) a statistical breakdown of the background and 
                security check delays associated with different types 
                of immigration applications;
                    (C) a statistical breakdown of the background and 
                security check delays by applicant country of origin; 
                and
                    (D) the steps the Federal Bureau of Investigations 
                is taking to expedite background and security checks 
                that have been pending for more than 60 days.

SEC. 217. CONSTRUCTION.

    (a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et seq.) is 
amended by adding at the end the following:

``SEC. 362. CONSTRUCTION.

    ``(a) In General.--Nothing in this Act or in any other provision of 
law shall be construed to require the Secretary of Homeland Security, 
the Attorney General, the Secretary of State, the Secretary of Labor, 
or any other authorized head of any Federal agency to grant any 
application, approve any petition, or grant or continue any status or 
benefit under the immigration laws by, to, or on behalf of--
            ``(1) any alien described in subparagraph (A)(i), (A)(iii), 
        (B), or (F) of section 212(a)(3) or subparagraph (A)(i), 
        (A)(iii), or (B) of section 237(a)(4);
            ``(2) any alien with respect to whom a criminal or other 
        investigation or case is pending that is material to the 
        alien's inadmissibility, deportability, or eligibility for the 
        status or benefit sought; or
            ``(3) any alien for whom all law enforcement checks, as 
        deemed appropriate by such authorized official, have not been 
        conducted and resolved.
    ``(b) Denial; Withholding.--An official described in subsection (a) 
may deny or withhold (with respect to an alien described in subsection 
(a)(1)) or withhold pending resolution of the investigation, case, or 
law enforcement checks (with respect to an alien described in paragraph 
(2) or (3) of subsection (a)) any such application, petition, status, 
or benefit on such basis.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 361 the following:

``Sec. 362. Construction.''.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--The Secretary shall reimburse States and units of 
local government for costs associated with processing undocumented 
criminal aliens through the criminal justice system, including--
            (1) indigent defense;
            (2) criminal prosecution;
            (3) autopsies;
            (4) translators and interpreters; and
            (5) courts costs.
    (b) Authorization of Appropriations.--
            (1) Processing criminal illegal aliens.--There are 
        authorized to be appropriated $400,000,000 for each of the 
        fiscal years 2008 through 2013 to carry out subsection (a).
            (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
        1231(i)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry this 
        subsection--
                    ``(A) such sums as may be necessary for fiscal year 
                2008;
                    ``(B) $750,000,000 for fiscal year 2009;
                    ``(C) $850,000,000 for fiscal year 2010; and
                    ``(D) $950,000,000 for each of the fiscal years 
                2011 through 2013.''.
    (c) Technical Amendment.--Section 501 of the Immigration Reform and 
Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney 
General'' each place it appears and inserting ``Secretary of Homeland 
Security''.

SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED 
              BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) In General.--The Secretary shall provide sufficient 
transportation and officers to take illegal aliens apprehended by State 
and local law enforcement officers into custody for processing at a 
detention facility operated by the Department.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2008 through 2012 to carry out this section.

SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

    (a) Grants Authorized.--The Secretary may award grants to Indian 
tribes with lands adjacent to an international border of the United 
States that have been adversely affected by illegal immigration.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
for--
            (1) law enforcement activities;
            (2) health care services;
            (3) environmental restoration; and
            (4) the preservation of cultural resources.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that--
            (1) describes the level of access of Border Patrol agents 
        on tribal lands;
            (2) describes the extent to which enforcement of 
        immigration laws may be improved by enhanced access to tribal 
        lands;
            (3) contains a strategy for improving such access through 
        cooperation with tribal authorities; and
            (4) identifies grants provided by the Department for Indian 
        tribes, either directly or through State or local grants, 
        relating to border security expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2008 through 2012 to carry out this section.

SEC. 221. ALTERNATIVES TO DETENTION.

    The Secretary shall conduct a study of--
            (1) the effectiveness of alternatives to detention, 
        including electronic monitoring devices and intensive 
        supervision programs, in ensuring alien appearance at court and 
        compliance with removal orders;
            (2) the effectiveness of the Intensive Supervision 
        Appearance Program and the costs and benefits of expanding that 
        program to all States; and
            (3) other alternatives to detention, including--
                    (A) release on an order of recognizance;
                    (B) appearance bonds; and
                    (C) electronic monitoring devices.

SEC. 222. CONFORMING AMENDMENT.

    Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended--
            (1) by striking ``(i) which either is falsely making, 
        forging, counterfeiting, mutilating, or altering a passport or 
        instrument in violation of section 1543 of title 18, United 
        States Code, or is described in section 1546(a) of such title 
        (relating to document fraud) and (ii)'' and inserting ``which 
        is described in chapter 75 of title 18, United States Code, 
        and''; and
            (2) by inserting the following: ``that is not described in 
        section 1548 of such title (relating to increased penalties), 
        and'' after ``first offense''.

SEC. 223. REPORTING REQUIREMENTS.

    (a) Clarifying Address Reporting Requirements.--Section 265 (8 
U.S.C. 1305) is amended--
            (1) in subsection (a)--
                    (A) by striking ``notify the Attorney General in 
                writing'' and inserting ``submit written or electronic 
                notification to the Secretary of Homeland Security, in 
                a manner approved by the Secretary,'';
                    (B) by striking ``the Attorney General may require 
                by regulation'' and inserting ``the Secretary may 
                require''; and
                    (C) by adding at the end the following: ``If the 
                alien is involved in proceedings before an immigration 
                judge or in an administrative appeal of such 
                proceedings, the alien shall submit to the Attorney 
                General the alien's current address and a telephone 
                number, if any, at which the alien may be contacted.'';
            (2) in subsection (b), by striking ``Attorney General'' 
        each place such term appears and inserting ``Secretary of 
        Homeland Security'';
            (3) in subsection (c), by striking ``given to such parent'' 
        and inserting ``given by such parent''; and
            (4) by adding at the end the following:
    ``(d) Address To Be Provided.--
            ``(1) In general.--Except as otherwise provided by the 
        Secretary under paragraph (2), an address provided by an alien 
        under this section shall be the alien's current residential 
        mailing address, and shall not be a post office box or other 
        non-residential mailing address or the address of an attorney, 
        representative, labor organization, or employer.
            ``(2) Specific requirements.--The Secretary may provide 
        specific requirements with respect to--
                    ``(A) designated classes of aliens and special 
                circumstances, including aliens who are employed at a 
                remote location; and
                    ``(B) the reporting of address information by 
                aliens who are incarcerated in a Federal, State, or 
                local correctional facility.
            ``(3) Detention.--An alien who is being detained by the 
        Secretary under this Act is not required to report the alien's 
        current address under this section during the time the alien 
        remains in detention, but shall be required to notify the 
        Secretary of the alien's address under this section at the time 
        of the alien's release from detention.
    ``(e) Use of Most Recent Address Provided by the Alien.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may provide for the appropriate coordination 
        and cross referencing of address information provided by an 
        alien under this section with other information relating to the 
        alien's address under other Federal programs, including--
                    ``(A) any information pertaining to the alien, 
                which is submitted in any application, petition, or 
                motion filed under this Act with the Secretary of 
                Homeland Security, the Secretary of State, or the 
                Secretary of Labor;
                    ``(B) any information available to the Attorney 
                General with respect to an alien in a proceeding before 
                an immigration judge or an administrative appeal or 
                judicial review of such proceeding;
                    ``(C) any information collected with respect to 
                nonimmigrant foreign students or exchange program 
                participants under section 641 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1372); and
                    ``(D) any information collected from State or local 
                correctional agencies pursuant to the State Criminal 
                Alien Assistance Program.
            ``(2) Reliance.--The Secretary may rely on the most recent 
        address provided by the alien under this section or section 264 
        to send to the alien any notice, form, document, or other 
        matter pertaining to Federal immigration laws, including 
        service of a notice to appear. The Attorney General and the 
        Secretary may rely on the most recent address provided by the 
        alien under section 239(a)(1)(F) to contact the alien about 
        pending removal proceedings.
            ``(3) Obligation.--The alien's provision of an address for 
        any other purpose under the Federal immigration laws does not 
        excuse the alien's obligation to submit timely notice of the 
        alien's address to the Secretary under this section (or to the 
        Attorney General under section 239(a)(1)(F) with respect to an 
        alien in a proceeding before an immigration judge or an 
        administrative appeal of such proceeding).''.
    (b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
            (1) in section 262(c), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (2) in section 263(a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''; and
            (3) in section 264--
                    (A) in subsections (a), (b), (c), and (d), by 
                striking ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (f)--
                            (i) by striking ``Attorney General is 
                        authorized'' and inserting ``Secretary of 
                        Homeland Security and Attorney General are 
                        authorized''; and
                            (ii) by striking ``Attorney General or the 
                        Service'' and inserting ``Secretary or the 
                        Attorney General''.
    (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Failure To Provide Notice of Alien's Current Address.--
            ``(1) Criminal penalties.--Any alien or any parent or legal 
        guardian in the United States of any minor alien who fails to 
        notify the Secretary of Homeland Security of the alien's 
        current address in accordance with section 265 shall be fined 
        under title 18, United States Code, imprisoned for not more 
        than 6 months, or both.
            ``(2) Effect on immigration status.--Any alien who violates 
        section 265 (regardless of whether the alien is punished under 
        paragraph (1)) and does not establish to the satisfaction of 
        the Secretary that such failure was reasonably excusable or was 
        not willful shall be taken into custody in connection with 
        removal of the alien. If the alien has not been inspected or 
        admitted, or if the alien has failed on more than 1 occasion to 
        submit notice of the alien's current address as required under 
        section 265, the alien may be presumed to be a flight risk. The 
        Secretary or the Attorney General, in considering any form of 
        relief from removal which may be granted in the discretion of 
        the Secretary or the Attorney General, may take into 
        consideration the alien's failure to comply with section 265 as 
        a separate negative factor. If the alien failed to comply with 
        the requirements of section 265 after becoming subject to a 
        final order of removal, deportation, or exclusion, the alien's 
        failure shall be considered as a strongly negative factor with 
        respect to any discretionary motion for reopening or 
        reconsideration filed by the alien.'';
            (2) in subsection (c), by inserting ``or a notice of 
        current address'' before ``containing statements''; and
            (3) in subsections (c) and (d), by striking ``Attorney 
        General'' each place it appears and inserting ``Secretary''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to proceedings 
        initiated on or after the date of the enactment of this Act.
            (2) Conforming and technical amendments.--The amendments 
        made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
        (a) are effective as if enacted on March 1, 2003.

SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (2), by adding at the end the following: 
        ``If such training is provided by a State or political 
        subdivision of a State to an officer or employee of such State 
        or political subdivision of a State, the cost of such training 
        (including applicable overtime costs) shall be reimbursed by 
        the Secretary of Homeland Security.''; and
            (2) in paragraph (4), by adding at the end the following: 
        ``The cost of any equipment required to be purchased under such 
        written agreement and necessary to perform the functions under 
        this subsection shall be reimbursed by the Secretary of 
        Homeland Security.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section and the amendments made by this section.

SEC. 225. REMOVAL OF DRUNK DRIVERS.

    (a) In General.--Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is 
amended by inserting ``, including a third drunk driving conviction, 
regardless of the States in which the convictions occurred or whether 
the offenses are classified as misdemeanors or felonies under State 
law,'' after ``offense)''.
    (b) Effective Date.--The amendment made by subsection (a) shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to convictions entered on or after such date.

SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking 
``and before June 1, 2006.''.

SEC. 227. EXPEDITED REMOVAL.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) by striking the section heading and inserting 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by striking the subsection heading 
        and inserting: ``Expedited Removal From Correctional 
        Facilities.--'';
            (3) in subsection (b), by striking the subsection heading 
        and inserting: ``Removal of Criminal Aliens.--'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary of Homeland Security may, 
        in the case of an alien described in paragraph (2), determine 
        the deportability of such alien and issue an order of removal 
        pursuant to the procedures set forth in this subsection or 
        section 240.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has not been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) was convicted of any criminal offense 
                described in subparagraph (A)(iii), (C), or (D) of 
                section 237(a)(2).'';
            (5) in the subsection (c) that relates to presumption of 
        deportability, by striking ``convicted of an aggravated 
        felony'' and inserting ``described in subsection (b)(2)'';
            (6) by redesignating the subsection (c) that relates to 
        judicial removal as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Application to Certain Aliens.--
            (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C. 
        1225(b)(1)(A)(iii)) is amended--
                    (A) in subclause (I), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'' each place it appears; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) Exception.--Notwithstanding 
                                subclauses (I) and (II), the Secretary 
                                of Homeland Security shall apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any alien (other than 
                                an alien described in subparagraph (F)) 
                                who is not a national of a country 
                                contiguous to the United States, who 
                                has not been admitted or paroled into 
                                the United States, and who is 
                                apprehended within 100 miles of an 
                                international land border of the United 
                                States and within 14 days of entry.''.
            (2) Exceptions.--Section 235(b)(1)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
                    (A) by striking ``and who arrives by aircraft at a 
                port of entry'' and inserting ``and--''; and
                    (B) by adding at the end the following:
                            ``(i) who arrives by aircraft at a port of 
                        entry; or
                            ``(ii) who is present in the United States 
                        and arrived in any manner at or between a port 
                        of entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended or convicted on or after such date.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

    (a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is 
amended--
            (1) in subparagraph (A)(i), by striking ``Any'' and 
        inserting ``Except as provided in clause (vii), any'';
            (2) in subparagraph (A), by inserting after clause (vi) the 
        following:
    ``(vii) Clause (i) shall not apply to a citizen of the United 
States who has been convicted of an offense described in subparagraph 
(A), (I), or (K) of section 101(a)(43), unless the Secretary of 
Homeland Security, in the Secretary's sole and unreviewable discretion, 
determines that the citizen poses no risk to the alien with respect to 
whom a petition described in clause (i) is filed.''; and
            (3) in subparagraph (B)(i)--
                    (A) by striking ``Any alien'' and inserting the 
                following: ``(I) Except as provided in subclause (II), 
                any alien''; and
                    (B) by adding at the end the following:
    ``(II) Subclause (I) shall not apply in the case of an alien 
admitted for permanent residence who has been convicted of an offense 
described in subparagraph (A), (I), or (K) of section 101(a)(43), 
unless the Secretary of Homeland Security, in the Secretary's sole and 
unreviewable discretion, determines that the alien lawfully admitted 
for permanent residence poses no risk to the alien with respect to whom 
a petition described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 
1101(a)(15)(K)), is amended by inserting ``(other than a citizen 
described in section 204(a)(1)(A)(vii))'' after ``citizen of the United 
States'' each place that phrase appears.

SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

    (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by 
adding after section 240C the following new section:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

    ``(a) Authority.--Notwithstanding any other provision of law, law 
enforcement personnel of a State, or a political subdivision of a 
State, have the inherent authority of a sovereign entity to 
investigate, apprehend, arrest, detain, or transfer to Federal custody 
(including the transportation across State lines to detention centers) 
an alien for the purpose of assisting in the enforcement of the 
criminal provisions of the immigration laws of the United States in the 
normal course of carrying out the law enforcement duties of such 
personnel. This State authority has never been displaced or preempted 
by a Federal law.
    ``(b) Construction.--Nothing in this section shall be construed to 
require law enforcement personnel of a State or a political subdivision 
to assist in the enforcement of the immigration laws of the United 
States.
    ``(c) Transfer.--If the head of a law enforcement entity of a State 
(or, if appropriate, a political subdivision of the State) exercising 
authority with respect to the apprehension or arrest of an alien 
submits a request to the Secretary of Homeland Security that the alien 
be taken into Federal custody, the Secretary of Homeland Security--
            ``(1) shall--
                    ``(A) deem the request to include the inquiry to 
                verify immigration status described in section 642(c) 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373(c)), and 
                expeditiously inform the requesting entity whether such 
                individual is an alien lawfully admitted to the United 
                States or is otherwise lawfully present in the United 
                States; and
                    ``(B) if the individual is an alien who is not 
                lawfully admitted to the United States or otherwise is 
                not lawfully present in the United States--
                            ``(i) take the illegal alien into the 
                        custody of the Federal Government not later 
                        than 72 hours after--
                                    ``(I) the conclusion of the State 
                                charging process or dismissal process; 
                                or
                                    ``(II) the illegal alien is 
                                apprehended, if no State charging or 
                                dismissal process is required; or
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily detain 
                        or transport the alien to a location for 
                        transfer to Federal custody; and
            ``(2) shall designate at least 1 Federal, State, or local 
        prison or jail or a private contracted prison or detention 
        facility within each State as the central facility for that 
        State to transfer custody of aliens to the Department of 
        Homeland Security.
    ``(d) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State, or a political subdivision of a State, for 
        expenses, as verified by the Secretary, incurred by the State 
        or political subdivision in the detention and transportation of 
        an alien as described in subparagraphs (A) and (B) of 
        subsection (c)(1).
            ``(2) Cost computation.--Compensation provided for costs 
        incurred under subparagraphs (A) and (B) of subsection (c)(1) 
        shall be--
                    ``(A) the product of--
                            ``(i) the average daily cost of 
                        incarceration of a prisoner in the relevant 
                        State, as determined by the chief executive 
                        officer of a State (or, as appropriate, a 
                        political subdivision of the State); multiplied 
                        by
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; plus
                    ``(B) the cost of transporting the alien from the 
                point of apprehension or arrest to the location of 
                detention, and if the location of detention and of 
                custody transfer are different, to the custody transfer 
                point; plus
                    ``(C) the cost of uncompensated emergency medical 
                care provided to a detained alien during the period 
                between the time of transmittal of the request 
                described in subsection (c) and the time of transfer 
                into Federal custody.
    ``(e) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that--
            ``(1) aliens incarcerated in a Federal facility pursuant to 
        this section are held in facilities which provide an 
        appropriate level of security; and
            ``(2) if practicable, aliens detained solely for civil 
        violations of Federal immigration law are separated within a 
        facility or facilities.
    ``(f) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended aliens from the 
custody of those States, and political subdivisions of States, which 
routinely submit requests described in subsection (c), into Federal 
custody.
    ``(g) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Prior to entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or if appropriate, the political 
        subdivision in which the agencies are located, has in place any 
        formal or informal policy that violates section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373). The Secretary shall not allocate any of 
        the funds made available under this section to any State or 
        political subdivision that has in place a policy that violates 
        such section.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There are authorized to be appropriated $850,000,000 for fiscal year 
2008 and each subsequent fiscal year for the detention and removal of 
aliens not lawfully present in the United States under the Immigration 
and Nationality Act (8 U.S.C. 1101 et. seq.).

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``section 1590 (relating to trafficking 
        with respect to peonage, slavery, involuntary servitude, or 
        forced labor),'' after ``section 1363 (relating to destruction 
        of property within the special maritime and territorial 
        jurisdiction),''; and
            (2) by inserting ``section 274(a) of the Immigration and 
        Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and 
        harboring certain aliens),'' after ``section 590 of the Tariff 
        Act of 1930 (19 U.S.C. 1590) (relating to aviation 
        smuggling),''.

SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Except as provided in paragraph (3), not 
        later than 180 days after the date of the enactment of this 
        Act, the Secretary shall provide to the head of the National 
        Crime Information Center of the Department of Justice the 
        information that the Secretary has or maintains related to any 
        alien--
                    (A) against whom a final order of removal has been 
                issued;
                    (B) who enters into a voluntary departure 
                agreement, or is granted voluntary departure by an 
                immigration judge, whose period for departure has 
                expired under subsection (a)(3) of section 240B of the 
                Immigration and Nationality Act (8 U.S.C. 1229c) (as 
                amended by section 211(a)(1)(C)), subsection (b)(2) of 
                such section 240B, or who has violated a condition of a 
                voluntary departure agreement under such section 240B;
                    (C) whom a Federal immigration officer has 
                confirmed to be unlawfully present in the United 
                States; and
                    (D) whose visa has been revoked.
            (2) Removal of information.--The head of the National Crime 
        Information Center should promptly remove any information 
        provided by the Secretary under paragraph (1) related to an 
        alien who is granted lawful authority to enter or remain 
        legally in the United States.
            (3) Procedure for removal of erroneous information.--The 
        Secretary, in consultation with the head of the National Crime 
        Information Center of the Department of Justice, shall develop 
        and implement a procedure by which an alien may petition the 
        Secretary or head of the National Crime Information Center, as 
        appropriate, to remove any erroneous information provided by 
        the Secretary under paragraph (1) related to such alien. Under 
        such procedures, failure by the alien to receive notice of a 
        violation of the immigration laws shall not constitute cause 
        for removing information provided by the Secretary under 
        paragraph (1) related to such alien, unless such information is 
        erroneous. Notwithstanding the 180-day time period set forth in 
        paragraph (1), the Secretary shall not provide the information 
        required under paragraph (1) until the procedures required by 
        this paragraph are developed and implemented.
    (b) Inclusion of Information in the National Crime Information 
Center Database.--Section 534(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States; and''.

SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary shall negotiate and execute, where practicable, a 
cooperative enforcement agreement described in section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 
enforcement agency in each State, to train law enforcement officers in 
the detection and apprehension of individuals engaged in transporting, 
harboring, sheltering, or encouraging aliens in violation of section 
274 of such Act (8 U.S.C. 1324).

SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE 
              DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire, 
        in addition to existing facilities for the detention of aliens, 
        at least 20 detention facilities in the United States that have 
        the capacity to detain a combined total of not less than 20,000 
        individuals at any time for aliens detained pending removal or 
        a decision on removal of such aliens from the United States 
        subject to available appropriations.
    (b) Construction of or Acquisition of Detention Facilities.--
            (1) Requirement to construct or acquire.--The Secretary 
        shall construct or acquire additional detention facilities in 
        the United States to accommodate the detention beds required by 
        section 5204(a) of the Intelligence Reform and Terrorism 
        Protection Act of 2004, as amended by subsection (a), subject 
        to available appropriations.
            (2) Use of alternate detention facilities.--Subject to the 
        availability of appropriations, the Secretary shall fully 
        utilize all possible options to cost effectively increase 
        available detention capacities, and shall utilize detention 
        facilities that are owned and operated by the Federal 
        Government if the use of such facilities is cost effective.
            (3) Use of installations under base closure laws.--In 
        acquiring additional detention facilities under this 
        subsection, the Secretary shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 
        101-510; 10 U.S.C. 2687 note) for use in accordance with 
        subsection (a).
            (4) Determination of location.--The location of any 
        detention facility constructed or acquired in accordance with 
        this subsection shall be determined, with the concurrence of 
        the Secretary, by the senior officer responsible for Detention 
        and Removal Operations in the Department. The detention 
        facilities shall be located so as to enable the officers and 
        employees of the Department to increase to the maximum extent 
        practicable the annual rate and level of removals of illegal 
        aliens from the United States.
    (c) Annual Report to Congress.--Not later than 1 year after the 
date of the enactment of this Act, and annually thereafter, in 
consultation with the heads of other appropriate Federal agencies, the 
Secretary shall submit to Congress an assessment of the additional 
detention facilities and bed space needed to detain unlawful aliens 
apprehended at the United States ports of entry or along the 
international land borders of the United States.
    (d) Technical and Conforming Amendment.--Section 241(g)(1) (8 
U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting 
``shall expend''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED 
              WITH FEDERAL OFFENSES.

    (a) Responsibility of United States Attorneys.--Beginning not later 
than 2 years after the date of the enactment of this Act, the office of 
the United States Attorney that is prosecuting a criminal case in a 
Federal court--
            (1) shall determine, not later than 30 days after filing 
        the initial pleadings in the case, whether each defendant in 
        the case is lawfully present in the United States (subject to 
        subsequent legal proceedings to determine otherwise);
            (2)(A) if the defendant is determined to be an alien 
        lawfully present in the United States, shall notify the court 
        in writing of the determination and the current status of the 
        alien under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.); and
            (B) if the defendant is determined not to be lawfully 
        present in the United States, shall notify the court in writing 
        of the determination, the defendant's alien status, and, to the 
        extent possible, the country of origin or legal residence of 
        the defendant; and
            (3) ensure that the information described in paragraph (2) 
        is included in the case file and the criminal records system of 
        the office of the United States attorney.
    (b) Guidelines.--A determination made under subsection (a)(1) shall 
be made in accordance with guidelines of the Executive Office for 
Immigration Review of the Department of Justice.
    (c) Responsibilities of Federal Courts.--
            (1) Modifications of records and case managements 
        systems.--Not later than 2 years after the date of the 
        enactment of this Act, all Federal courts that hear criminal 
        cases, or appeals of criminal cases, shall modify their 
        criminal records and case management systems, in accordance 
        with guidelines which the Director of the Administrative Office 
        of the United States Courts shall establish, so as to enable 
        accurate reporting of information described in subsection 
        (a)(2).
            (2) Data entries.--Beginning not later than 2 years after 
        the date of the enactment of this Act, each Federal court 
        described in paragraph (1) shall enter into its electronic 
        records the information contained in each notification to the 
        court under subsection (a)(2).
    (d) Construction.--Nothing in this section may be construed to 
provide a basis for admitting evidence to a jury or releasing 
information to the public regarding an alien's immigration status.
    (e) Annual Report to Congress.--The Director of the Administrative 
Office of the United States Courts shall include, in the annual report 
filed with Congress under section 604 of title 28, United States Code--
            (1) statistical information on criminal trials of aliens in 
        the courts and criminal convictions of aliens in the lower 
        courts and upheld on appeal, including the type of crime in 
        each case and including information on the legal status of the 
        aliens; and
            (2) recommendations on whether additional court resources 
        are needed to accommodate the volume of criminal cases brought 
        against aliens in the Federal courts.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2008 through 2012, such sums as 
may be necessary to carry out this Act. Funds appropriated pursuant to 
this subsection in any fiscal year shall remain available until 
expended.

SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.

    Not later than 60 days after the date of enactment of this Act, the 
Attorney General shall issue a directive to expand the Justice Prisoner 
and Alien Transfer System (JPATS) so that such System provides 
additional services with respect to aliens who are illegally present in 
the United States. Such expansion should include--
            (1) increasing the daily operations of such System with 
        buses and air hubs in 3 geographic regions;
            (2) allocating a set number of seats for such aliens for 
        each metropolitan area;
            (3) allowing metropolitan areas to trade or give some of 
        seats allocated to them under the System for such aliens to 
        other areas in their region based on the transportation needs 
        of each area; and
            (4) requiring an annual report that analyzes of the number 
        of seats that each metropolitan area is allocated under this 
        System for such aliens and modifies such allocation if 
        necessary.

                 TITLE III--ILLEGAL ALIEN REGISTRATION

SEC. 301. REGISTRATION FOR ILLEGAL WORKERS.

    (a) Registration.--Section 262 (8 U.S.C. 1302) is amended by adding 
at the end the following:
    ``(d) Any alien who is unlawfully employed in the United States as 
of January 1, 2007, may not receive a nonimmigrant visa under section 
218A unless the alien--
            ``(1) applies for registration and fingerprinting under 
        section 221(b) not later than 1 year after the effective date 
        set out in section 601 of the Border Security and Immigration 
        Reform Act of 2007; and
            ``(2) applies for a nonimmigrant visa under section 218A 
        not later than 1 year after such effective date.''.
    (b) Penalties.--
            (1) In general.--Section 266 (8 U.S.C. 1306) is amended by 
        adding at the end the following:
    ``(e) Failure to Register; Employment of Illegal Aliens.--
            ``(1) Failure to register.--Any alien who is unlawfully 
        present in the United States is subject to immediate 
        deportation and is ineligible to receive a nonimmigrant visa 
        under section 218A.
            ``(2) Employment of illegal aliens.--Any employer who 
        knowingly employs an alien who is unlawfully present in the 
        United States shall be ineligible to employ any alien in 
        possession of a nonimmigrant visa issued under section 218A.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date which is 2 years after the 
        effective date set out in section 601.

SEC. 302. GUEST WORKER PROGRAM.

    (a) Definition.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 
amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(W) an alien having a residence in a foreign 
                country who is coming to the United States to perform--
                            ``(i) agricultural labor or services (as 
                        defined by the Secretary of Labor); or
                            ``(ii) any labor or services other than 
                        those described in clause (i).''.
    (b) Guest Worker Program.--
            (1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et 
        seq.) is amended by inserting after section 218 the following:

``SEC. 218A. ADMISSION OF W VISA NONIMMIGRANT GUEST WORKERS.

    ``(a) W Guest Worker Applications.--
            ``(1) In general.--After receiving a certification from the 
        Secretary of Labor in accordance with paragraph (2), an 
        employer desiring to import a nonimmigrant described in section 
        101(a)(15)(W) (referred to in this section as a `guest worker') 
        for employment in the United States shall file an application 
        with the Secretary of Homeland Security in such form, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Applicable provisions.--The provisions under 
        subsections (a) through (e) of section 218 shall apply to 
        certification petitions filed by employers desiring to import 
        guest workers in the same manner as they apply to H-2A workers 
        under such section.
    ``(b) Application.--Upon approval of an application under 
subsection (a), a guest worker who, if physically present in the United 
States on January 1, 2007, has registered and been fingerprinted under 
section 221(b), may apply for a nonimmigrant visa under section 
101(a)(15)(W) by showing such identification as the Secretary of 
Homeland Security may require.
    ``(c) Duration.--A nonimmigrant visa issued to a guest worker under 
this section shall authorize the guest worker to be employed by the 
employer who requested such worker for an initial period not to exceed 
2 years.
    ``(d) Terms.--As a condition of continuing employment eligibility, 
a guest worker receiving a nonimmigrant visa under this section shall 
agree to--
            ``(1) submit information to the Secretary to be used--
                    ``(A) to conduct a criminal background 
                investigation of the alien; and
                    ``(B) to verify that the alien is not listed on any 
                terrorist watch list;
            ``(2) abide by all applicable Federal, State, and local 
        laws;
            ``(3) be employed and abide by the terms of such 
        employment; and
            ``(4) complete an approved assimilation program, including 
        English and civics courses, before the end of the initial 2-
        year employment period.
    ``(e) Renewal.--A nonimmigrant visa issued to a guest worker under 
this section may be renewed for an unlimited number of 2-year terms if 
the guest worker complies with the terms described in subsection (d) 
and applies for renewal in the United States before the end of each 
prior 2-year period.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 218 the following:

``Sec. 218A. Admission of W visa nonimmigrant guest workers.''.

SEC. 303. EFFECTIVE DATE.

    Except as specifically provided otherwise, this title and the 
amendments made by this title shall take effect on the effective date 
set out in section 601.

                          TITLE IV--PENALTIES

SEC. 401. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

    Section 1546 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 25 years'' and 
                inserting ``not less than 25 years'';
                    (B) by inserting ``and if the terrorism offense 
                resulted in the death of any person, shall be punished 
                by death or imprisoned for life,'' after ``section 2331 
                of this title)),'';
                    (C) by striking ``20 years'' and inserting 
                ``imprisoned not more than 40 years'';
                    (D) by striking ``10 years'' and inserting 
                ``imprisoned not more than 20 years''; and
                    (E) by striking ``15 years'' and inserting 
                ``imprisoned not more than 30 years''; and
            (2) in subsection (b), by striking ``5 years'' and 
        inserting ``10 years''.

SEC. 402. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    ``(a) Any alien unlawfully present in the United States, who 
commits, or conspires or attempts to commit, a crime of violence or a 
drug trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in prison.
    ``(b) If an alien who violates subsection (a) was previously 
ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime, the alien 
shall be sentenced to not less than 15 years in prison.
    ``(c) A sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment imposed for any 
other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following:

52. Illegal aliens..........................................       1131

SEC. 403. ADDITIONAL PENALTIES.

    (a) In General.--Section 218A of the Immigration and Nationality 
Act, as added by section 302, is amended by adding at the end the 
following:
    ``(f) Penalties.--
            ``(1) Guest workers.--A guest worker who violates any of 
        the terms described in subsection (d) shall be subject to 
        deportation and shall be ineligible to receive a nonimmigrant 
        visa under this section.
            ``(2) Employers.--
                    ``(A) Notification of violation.--An employer who 
                fails to notify the Secretary of Homeland Security 
                after discovering that a guest worker has violated any 
                of the terms described in subsection (d) shall be 
                ineligible to employ any alien in possession of a 
                nonimmigrant visa issued under section.
                    ``(B) Employment of illegal workers.--Any employer 
                who knowingly employs a worker in the United States who 
                is not authorized to work in the United States shall be 
                subject to--
                            ``(i) for the first violation, a civil 
                        penalty in an amount not to exceed $25,000; and
                            ``(ii) for the second or subsequent 
                        violation--
                                    ``(I) a term of imprisonment not to 
                                exceed 2 years for the individual who 
                                hired the unauthorized worker; and
                                    ``(II) disqualification of the 
                                employer from further participation in 
                                the guest worker program authorized 
                                under this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date which is 2 years after the date of the 
effective date set out in section 601.

                TITLE V--REMOVAL AND VIOLATION TRACKING

SEC. 501. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary shall continue to operate 
        the Institutional Removal Program of the Department to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--Not later than 5 years after the date of 
        the enactment of this Act, the Secretary shall expand the 
        Institutional Removal Program to every State.
            (3) State participation.--The appropriate officials of each 
        State in which the Secretary is operating the Institutional 
        Removal Program should--
                    (A) cooperate with Federal officials carrying out 
                the Institutional Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in the prison and jail populations of 
                the State; and
                    (C) promptly convey the information described in 
                subparagraph (B) to the appropriate officials carrying 
                out the Institutional Removal Program.
    (b) Report to Congress.--Not later than 2 years after of the date 
of the enactment of this Act, the Secretary shall submit a report to 
Congress on the participation of the States in the Institutional 
Removal Program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out the expanded Institutional 
Removal Program authorized under subsection (a).

SEC. 502. AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR 
              LOCAL PRISON SENTENCE.

    (a) In General.--Law enforcement officers of a State or political 
subdivision of a State are authorized to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State or local prison 
        sentence in order to effectuate the transfer of the alien to 
        Federal custody when the alien is removable or not lawfully 
        present in the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State or local prison sentence to be detained by an 
        appropriate prison until personnel from the Bureau of 
        Immigration and Customs Enforcement can take the alien into 
        Federal custody.
    (b) Reimbursement.--
            (1) In general.--The Secretary shall reimburse a State or a 
        political subdivision of a State for all reasonable expenses 
        incurred by the State or the political subdivision for the 
        detention of an alien as described in subsection (a).
            (2) Cost computation.--The amount of reimbursement provided 
        for costs incurred carrying out subsection (a) shall be 
        determined pursuant to a formula determined by the Secretary.
    (c) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens and live scan technology shall be 
used to the maximum extent practicable in order to make these resources 
available to State and local law enforcement agencies in remote 
locations.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to reimburse a State or 
political subdivision of a State for the detention of an illegal alien 
pursuant to subsection (b).

SEC. 503. USE OF THE NATIONAL CRIME INFORMATION CENTER DATABASE TO 
              TRACK VIOLATIONS OF IMMIGRATION LAW.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall provide the National 
        Crime Information Center of the Department of Justice with such 
        information as the Director may have related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c); and
                    (C) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be provided to the 
        National Crime Information Center, and the Center shall enter 
        the information into the Immigration Violators File of the 
        National Crime Information Center database if the name and date 
        of birth are available for the individual, regardless of 
        whether the alien received notice of a final order of removal 
        or the alien has already been removed.
            (3) Removal of information.--Should an individual be 
        granted cancellation of removal under section 240A of the 
        Immigration and Nationality Act (8 U.S.C. 1229b), or granted 
        permission to legally enter the United States pursuant to the 
        Immigration and Nationality Act after a voluntary departure 
        under section 240B of the Immigration and Nationality Act (8 
        U.S.C. 1229c), information entered into the National Crime 
        Information Center in accordance with paragraph (1) of this 
        section shall be promptly removed.
    (b) Inclusion of Information in the National Crime Information 
Center Database.--Section 534(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or the alien has already been removed; and''.

                TITLE VI--BORDER SECURITY CERTIFICATION

SEC. 601. BORDER SECURITY CERTIFICATION.

    Any program authorized by this Act, or by any amendment made by 
this Act, which grants legal status to any individual, or adjusts the 
current status of any individual, who enters or entered the United 
States in violation of Federal law shall be effective on the date that 
the Secretary submits a written certification to the President and 
Congress that the border security measures authorized under title I and 
the increases in Federal detention space authorized under section 233 
have been fully completed and are fully operational.
                                 <all>